The Japanese text is the original and the English text is for reference purposes.
Terms and Conditions
DouDouDoujin Terms of Service
Article 1. Introduction
These DouDouDoujin Terms of Service (these “Terms”) set forth the terms and conditions for the provision of the service offered by DouDouDoujin Inc. (the “Company”) under the name DouDouDoujin (including, if the name or content of such service is changed for any reason, the service after such change; hereinafter referred to as the “Service”), and the rights and obligations between the Company and users of the Service (the “Users”) with respect to use of the Service.
Article 2. Language
The Japanese version of these Terms and any individual terms and conditions shall be the official version. If there is any inconsistency between the Japanese version and any version in another language, the Japanese version shall prevail.
Article 3. Definitions
For purposes of these Terms, the following terms shall have the meanings set forth below:
1. “User” means any person who uses the Service.
2. “Account” means the authorization to use the Service issued by the Company to a User whose account has been created in accordance with the procedures set forth in Article 7. A User must obtain such Account as may be required for the individual services the User wishes to use.
3. “Registered Email Address” means the email address information provided by a User to the Company for the purpose of receiving the Service.
4. “ID” means a string used to identify an Account for use of the Service. One ID shall be issued for each Account.
5. “Password” means a string used, together with the Registered Email Address, to identify the User for use of the Service.
6. “User Content” means any and all information, including images, text, audio, and information regarding works posted, that a User transmits, distributes, posts, uploads, registers, or edits through use of the Service (collectively, “Post” or “Posting”).
7. “Original Work Contributor” means a User who posts the User’s own original work on the Service.
8. “Original Work” means a work posted by an Original Work Contributor.
9. “Derivative Work” means derivative User Content newly created from an Original Work through derivative creation.
10. “Derivative Work Contributor” means a User who posts a Derivative Work on the Service.
11. “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 shall not directly create any legal or contractual obligation.
Article 4. Amendments to the Terms
1. The Company may amend these Terms in accordance with the Civil Code and other applicable laws and regulations.
2. If the Company amends these Terms, it shall notify Users of the amended content and the effective date by posting on the Service or by any other method the Company deems appropriate, by no later than the effective date.
3. The amended Terms shall become effective on the effective date notified pursuant to the preceding paragraph.
4. If a User uses the Service after the effective date of the amended Terms, such User shall be deemed, to the extent required by applicable law, to have agreed to the amended Terms.
Article 5. Handling of Personal Information
The Company shall properly handle personal information in accordance with the “DouDouDoujin Privacy Policy.”
Article 6. Secrecy of Communications
1. The Company shall protect the secrecy of Users’ communications pursuant to Article 4 of the Telecommunications Business Act (Act No. 86 of 1984).
2. The Company shall not be subject to the confidentiality obligation set forth in the preceding paragraph to the extent set forth in each of the following cases:
(1) Where a compulsory disposition or court order is issued pursuant to the Code of Criminal Procedure (Act No. 131 of 1948) or the Act on Wiretapping for Criminal Investigation (Act No. 137 of 1999), to the extent specified in such disposition or court order.
(2) Where a compulsory disposition is carried out pursuant to applicable laws and regulations, to the extent specified in such disposition or order.
(3) Where the Company determines that the requirements for a request for disclosure of sender information or any other legal request under the Act on Addressing Infringement of Rights through Specified Telecommunications or other applicable laws and regulations have been satisfied, to the extent of such request.
(4) Where the Company determines that it is necessary for the protection of another person’s life, body, or property, to the extent necessary for such protection.
Article 7. Account Creation
1. The Service includes content that may be used only by Users who have created an Account.
2. Any person wishing to create an Account shall apply for Account creation by the method prescribed by the Company after agreeing to the contents of these Terms. Information required to be entered for creation of an Account is hereinafter referred to as “Registration Information.”
3. In applying under the preceding paragraph, the User shall provide the Company with true, accurate, and up-to-date Registration Information.
4. An applicant’s Account shall be deemed created when the Company accepts the application.
5. The Company may, at its sole discretion, refuse to accept an application without disclosing the reason if any of the following applies:
(1) The applicant did not apply by the method set forth in paragraph 2.
(2) The application contains false, inaccurate, or misleading information.
(3) The applicant has previously failed to perform contractual obligations in relation to any individual service or other service provided by the Company, or in transactions with other Users, and the Company determines that such failure may continue in the future.
(4) The applicant has violated applicable laws and regulations or these Terms.
(5) The applicant has engaged in any prohibited act set forth in Article 13 in the past, or is reasonably deemed likely to do so in the future.
(6) The applicant is a minor, adult ward, person under curatorship, or person under assistance, and has not obtained the consent, etc. of a legal representative, guardian, curator, or assistant.
(7) The applicant is a member of an anti-social force, or a principal investor or officer/employee of the applicant is a member of an anti-social force.
(8) The Company otherwise determines the application to be inappropriate.
6. If the Company does not accept an application for Account creation, it shall have no obligation to disclose or explain the reason to the applicant, and shall not be liable for any damage incurred by the applicant as a result of such refusal.
7. If the Company reasonably determines that a User who has created an Account falls under any of the following, the Company may suspend, restrict, or revoke the User’s status, suspend all or part of the User’s use of the Service, suspend or delete the Account, or take any other measures the Company deems necessary and appropriate; provided, however, that the Company shall not be obligated to take such measures:
(1) It is discovered that the User fell under, or falls under, any of the items of paragraph 5.
(2) The User has violated applicable laws and regulations or these Terms.
(3) The User has engaged in, or is reasonably deemed likely to engage in, any prohibited act set forth in Article 13.
(4) The User has committed misconduct.
(5) A serious dispute has arisen between the User and another User or third party, and the Company determines that action is necessary from the perspective of operation of the Service or protection of the rights and interests of other Users or third parties.
(6) The User has failed to log in a certain number of times within a period designated by the Company.
(7) The Company determines that continued provision of the Service has become difficult for reasonable reasons.
(8) The Company otherwise reasonably determines that the User’s use is inappropriate.
Article 8. Changes to Registration Information
1. If there is any change to the Registration Information, the User shall promptly notify the Company of such change by the method prescribed by the Company.
2. The Company shall not be liable if the User suffers any disadvantage as a result of failing to provide such notice.
Article 9. Management of Registered Email Address, ID, and Password
1. A User shall register, as the Registered Email Address, an email address that is usable and under the User’s control. If such Registered Email Address ceases to be under the User’s control, the User shall change it to another usable email address under the User’s control.
2. The User shall make efforts to prevent unauthorized use of the User’s Registered Email Address, Password, and ID (collectively, the “Registered Email Address, etc.”), and shall bear full responsibility for their management.
3. The Company shall not be liable for any damage arising from use of the Registered Email Address, etc. by a third party, except where the Company has acted intentionally or with gross negligence. The Company may deem all acts carried out using the Registered Email Address, etc. (including where a third party acts without the User’s consent or uses them improperly) to have been carried out by the User who holds such Registered Email Address, etc. The User agrees to bear all responsibility arising in connection with such acts. The Company shall likewise not be liable for any damage arising from such acts except where the Company has acted intentionally or with gross negligence.
4. If the information constituting the Registered Email Address, etc. is leaked to a third party, or if there is a risk of such leakage, the User shall promptly contact the Company. The Company may suspend or terminate use of the Service through such Registered Email Address, etc.; provided, however, that the Company shall not be liable for any damage arising from such information leakage except where the Company has acted intentionally or with gross negligence.
5. The User may not demand that the Company investigate any temporary suspension of use of the Service resulting from theft, loss, or unauthorized use by a third party of the Registered Email Address, etc., nor claim compensation for any damage arising from such suspension or for profits that the User was unable to obtain because of such suspension.
Article 10. Ownership of Accounts
1. In principle, each User may hold only one Account. However, where multiple Accounts are necessary for activities on the Service, such as use under different works or names, multiple Accounts may be permitted to the extent not contrary to these Terms or other applicable terms.
2. Under no circumstances may a User transfer or lend an Account to a third party.
Article 11. User Environment
1. The User shall, at the User’s own expense and responsibility, prepare all hardware, software, and communication means necessary to use the Service.
2. The User shall take measures appropriate to the User’s own environment to prevent computer virus infection, unauthorized access, and information leakage.
3. The User shall bear responsibility for, and any damage arising from, the equipment, network lines, software, etc. used by the User, as well as responsibility for, and any damage caused by, the User’s errors in using the Service, and the Company shall not be liable except where the Company has acted intentionally or with gross negligence.
Article 12. User Responsibility
1. The User shall use the Service at the User’s own responsibility and shall bear responsibility for all acts performed through use of the Service and the results thereof.
2. Any transactions a User conducts with other Users through the Service are direct transactions between Users, and the Company shall not be a party to such contracts.
3. All work, communications, performance of legal obligations, and handling of disputes arising in connection with transactions between Users under the preceding paragraph shall be carried out by the Users who are parties to the transaction.
4. Responsibility for information Posted by a User through use of the Service shall belong entirely to the User. The Company shall not be liable for the content of information Posted by a User through use of the Service, except where the Company has acted intentionally or with gross negligence.
5. If damage is caused to the Company or a third party due to a User’s violation of these Terms, the User shall be liable to compensate for such damage.
6. If any dispute arises between a User and a third party in connection with the Service, the User shall resolve such dispute at the User’s own responsibility and expense, and the Company shall not be involved in such dispute. The User shall compensate the Company for any damage incurred by the Company in connection with such dispute, including attorneys’ fees and any costs and compensation paid by the Company in responding to such dispute, without limitation; provided, however, that this shall not apply where the dispute arose due to the Company’s intentional misconduct or gross negligence.
Article 13. Prohibited Acts
In using the Service, a User shall not engage in any of the following acts:
1. Acts that infringe or are likely to infringe the copyrights, trademark rights, patent rights, design rights, or other intellectual property rights, portrait rights, publicity rights, privacy rights, or other rights of the Company or any third party
2. Acts of reproducing, publicly transmitting, reposting, translating, adapting, redistributing, reselling, transferring free of charge, uploading, or otherwise using User Content Posted on the Service, except where permitted by the right holder or by law
3. Acts of using an Original Work or Derivative Work outside the Service in violation of these Terms, the Company’s prescribed rules, or the “DouDouDoujin Off-Site Work Use Policy” separately prescribed by the Company
4. Acts of using, diverting, reselling, reproducing, transmitting, translating, adapting, modifying, or otherwise secondarily using the Service or any part thereof, including content, information, functions, systems, programs, etc., for commercial or business purposes without authorization from the Company or the right holder; provided, however, that this shall not apply to User Content for which the User lawfully holds rights
5. Any display or explanation regarding a Work-Specific Action Approved List that falsely or misleadingly suggests that such list has legal binding force
6. Acts that infringe or are likely to infringe the property, reputation, credit, or privacy of the Company or any third party
7. Acts of unjustly discriminating against, defaming, slandering, or damaging the reputation or credit of the Company or any third party
8. Acts in violation of the Act on Regulation of Stalking, excessive or prolonged telephone calls, excessive repetition of similar inquiries, sending large volumes of messages through the messaging function, or making demands without obligation or reasonable grounds
9. Impersonation or misrepresentation
10. Fraud or any other act that leads or may lead to a crime
11. Acts of Posting User Content containing excessively cruel expressions, obscene expressions, child pornography, or child abuse that violate laws or standards prescribed by the Company
12. Acts that beautify, induce, or encourage suicide, self-harm, drug abuse, etc.
13. Acts of Posting User Content containing any of the following:
(1) Content that unjustly defames or slanders other User Content or other posters
(2) Names, addresses, workplaces, phone numbers, or other content capable of identifying a poster or third party, including the Company’s employees, etc.
(3) False content or content that is difficult to verify and is highly misleading
(4) Other content that the Company deems inappropriate
14. Acts of impersonating the operator, another User, or a third party
15. Acts of exchanging the right to use the Service for cash, property, or other economic benefit by any method not prescribed by the Company
16. Acts of Posting User Content for the purpose of commercial advertising, promotion, or solicitation, except where specifically approved by the Company, User Content containing affiliate links, User Content soliciting others such as MLM or lead mail, or User Content directing users to adult sites, one-click fraud sites, or sites intended to distribute harmful computer programs such as viruses, where the Company deems such sites inappropriate
17. Unjustly delaying or ignoring responses to communications from the Company or from another User with whom the User is engaged in a transaction
18. Acts constituting stealth marketing, such as posing as a third party to advertise despite having received some benefit from a company, or using the Service for such purposes
19. Acts of Posting or editing expressions that praise, promote, or induce discrimination based on race, ethnicity, creed, occupation, gender, age, religion, ideology, or the like
20. Acts of unauthorized access to networks or systems beyond the normal scope, imposing excessive loads, reverse engineering or other analysis, placing burdens on the Service’s servers, interfering with the operation of the Service or networks or systems, or acts likely to do so
21. Acts of unauthorized rewriting or deletion of information accumulated in the Company’s facilities
22. Acts of transmitting or posting viruses or other harmful computer programs
23. Acts that the Company determines violate domestic or foreign laws, public order and morals, or these Terms, or infringe the rights of others
24. Acts of Posting or editing expressions that praise, promote, or solicit extreme ideologies, anti-social conduct, cult-like religious activities, or excessive political activities
25. Acts of listing, selling, purchasing, registering, or otherwise transacting the following goods through use of the Service:
(1) Prohibited items such as stimulants, narcotics, psychotropic drugs, cannabis, opium, poisons, and deleterious substances
(2) Cannabis seeds and products related to legal highs (designer drugs)
(3) Firearms, swords, weapons, explosives, and chemical weapons
(4) Obscene items, child pornography, or images or data corresponding to child abuse that violate laws, ordinances, or standards prescribed by the Company
(5) Products containing uncensored explicit depictions of genitalia or specific depictions of sexual penetration
(6) Used underwear, uniforms, etc.
(7) Prostitution or child prostitution
(8) Products related to gambling or lotteries
(9) Products related to pyramid schemes or multi-level marketing
(10) Tobacco
(11) Counterfeit currency, official documents, membership rights, documents, electronic records, etc.
(12) Bank accounts, etc.
(13) Gift certificates, prepaid cards, revenue stamps, stamps, ticket books, and other negotiable instruments or similar vouchers
(14) Counterfeit branded goods, imitation goods, pirated goods, and other illegal copies
(15) Devices or related products that facilitate illegal copying
(16) Goods obtained through crime
(17) Goods likely to be used in crime
(18) Goods that infringe a third party’s intellectual property rights or privacy
(19) Goods for which the seller does not have the right to sell, etc.
(20) Provision of services without a specific creative work, or goods likely involving such provision
(21) Software containing computer viruses or other security threats
(22) Physical function testing kits, medical devices, pharmaceuticals, or pharmaceuticals whose sale is prohibited domestically
(23) Human bodies and parts thereof
(24) Live animals and parts thereof, insects, and other living organisms
(25) Personal information, trade secrets, and other information not generally disclosed
(26) Goods for which legally required licenses or qualifications for sale are not satisfied
(27) Goods whose transaction violates laws or treaties
(28) Goods intended for cashing out credit card limits
(29) Goods involving long-term service provision periods
(30) Goods requiring permits, registration, notifications, etc. for sale
(31) Other goods that the Company deems inappropriate
Article 14. Measures Against Violations
1. If the Company reasonably determines that a User has violated these Terms, or that such measures are necessary from the perspective of operation of the Service, protection of the rights and interests of other Users or third parties, or otherwise, the Company may, at its discretion and without prior notice, take all or part of the following measures against such User. However, the Company shall not be obligated to take such measures and, except where required by law, shall have no obligation to disclose the reasons therefor:
(1) Requesting cessation of acts that violate or may violate these Terms
(2) Requesting that the same acts not be repeated
(3) Requesting that disputes, claims, or inquiries with other Users or third parties be resolved among the parties concerned
(4) Taking or requesting correction, deletion, hiding, change of publication scope, or other necessary measures regarding User Content
(5) Temporarily suspending all or part of use of the Service
(6) Restricting all or part of Account functions
(7) Suspending or deleting an Account
(8) Refusing future use of the Service
(9) Consulting with, contacting, reporting to, or providing information to relevant parties, attorneys, investigative authorities, administrative agencies, or other relevant organizations
(10) Taking any other measures the Company deems necessary and appropriate
2. In taking the measures set forth in the preceding paragraph, the Company may request the relevant User to provide materials, explanations, answers, identity verification, or other cooperation deemed necessary by the Company.
3. The User acknowledges in advance that even if the Company takes measures pursuant to paragraph 1, such measures shall not constitute a conclusive determination by the Company as to the existence or non-existence of a specific violation, infringement of rights, dispute, or damage.
4. The User acknowledges in advance that even if the Company does not take measures pursuant to paragraph 1, this shall not mean that the Company has determined the relevant act to be lawful or guaranteed that no measures will be taken in the future.
5. In connection with measures pursuant to paragraph 1, the Company may confirm facts with, explain to, contact, or provide information to other Users, third parties, or relevant organizations to the extent necessary.
6. If the Company reasonably determines that a User falls under any of the following, the Company may, without prior notice or demand, suspend all or part of use of the Service, suspend or delete the User’s Account, or take any other necessary measures:
(1) The User has violated these Terms
(2) It becomes clear that the User falls under any of the items in Article 7, paragraph 5
(3) The User has engaged in, or is likely to engage in, a prohibited act set forth in Article 13
(4) There is false, inaccurate, or materially incomplete Registration Information
(5) The User has suspended or become unable to make payments, or a petition has been filed for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings
(6) The User fails to respond, despite being requested to do so within a reasonable period, to inquiries, requests for identity verification, requests for submission of materials, or other communications from the Company
(7) Multiple reports, claims, or inquiries are received from other Users or third parties concerning infringement of rights, fraud, misconduct, or other serious issues
(8) The Company determines that the User’s use is inappropriate from the perspective of operation of the Service or protection of the rights and interests of other Users or third parties
(9) The Company otherwise reasonably determines that such measures are necessary
7. If any of the events in the preceding paragraph applies and the Company takes measures to suspend use of the Service, suspend an Account, or delete an Account, and the User owes monetary or other obligations to the Company, the User shall automatically lose the benefit of time with respect to such obligations and shall immediately perform them.
8. If, based on a report from a right holder, an inquiry from a relevant organization, or any other reasonable grounds, the Company determines that User Content or transaction details may violate applicable laws, these Terms, or third-party rights, the Company may hide, suspend publication of, delete, suspend sale of, suspend transactions involving, or otherwise take necessary measures regarding such User Content. However, the Company shall not be obligated to take such measures.
9. A User shall not acquire any right to demand from the Company an injunction against implementation of measures taken under this Article, restoration to the original state, or continued use, merely because the Company has taken such measures. However, the Company may, if it deems necessary, voluntarily re-examine, explain, or review such measures.
10. Even if a User suffers damage or disadvantage because the Company took or did not take measures under this Article, the Company shall not be liable except where the Company has acted intentionally or with gross negligence.
Article 15. Ownership and Warranties Regarding User Content
1. Copyrights and other intellectual property rights in User Content Posted by a User on the Service shall belong to the User who created such User Content or the right holder who has lawfully licensed such rights to that User.
2. Copyrights and other intellectual property rights in an Original Work shall belong to the Original Work Contributor.
3. Of a Derivative Work, copyrights and other intellectual property rights in the newly created portion created by the Derivative Work Contributor while relying on the Original Work shall belong to such Derivative Work Contributor. However, copyrights and other intellectual property rights in the Original Work shall remain reserved to the Original Work Contributor.
4. The User represents and warrants to the Company that the User has the lawful authority to Post the User Content and to grant the Company the license set forth in these Terms, and that such User Content does not infringe any third party’s copyright, moral rights, neighboring rights, trademark rights, portrait rights, publicity rights, privacy rights, or any other rights.
5. If User Content includes rights of a third party, the User shall, at the User’s own responsibility and expense, obtain in advance from such third party any licenses necessary to Post such User Content on the Service and to permit the uses set forth in these Terms.
6. If any dispute, claim, objection, or other issue arises with a third party in relation to User Content, the relevant User shall resolve the matter at the User’s own responsibility and expense and shall not cause damage to the Company.
7. The Company shall have no obligation to investigate rights relationships relating to User Content except where the Company has acted intentionally or with gross negligence.
Article 16. License Granted to the Company
1. The User grants to the Company a non-exclusive, non-transferable, worldwide, royalty-free license to use User Content that is made public on the Service and User Content necessary for provision of the Service, to the extent necessary for provision, operation, maintenance, improvement, upkeep, troubleshooting, promotion of use, advertising, user support, protection of rights, and compliance with applicable laws and regulations.
2. The uses set forth in the preceding paragraph include the following acts:
(1) Displaying, distributing, and making User Content available for viewing on the Service
(2) Server storage, backup, reproduction, cache generation, encryption, decryption, compression, conversion, and other technical processing
(3) Resizing, cropping, generating thumbnails, generating previews, character-code conversion, file-format conversion, and other modifications to the extent necessary to adapt to devices, screens, network conditions, or Service specifications
(4) Posting all or part of User Content in introductions, publicity, advertising, sales materials, explanatory materials for business partners, the Company’s official website, the Company’s official social media accounts, or equivalent media regarding the Service or the User Content
(5) Use necessary to comply with applicable laws and regulations, orders of courts or administrative agencies, responses to infringement of rights, responses to violations of these Terms, or securing the safety of the Service
3. The Company shall not use User Content by altering the substance of its content or expression. However, where there is a reasonable necessity equivalent to the technical processing described in the preceding paragraph, adaptation to the Service’s display specifications, compliance with applicable laws and regulations, prevention of rights infringement, protection of minors, compliance measures, or the like, the Company may, to the minimum extent necessary, make corrections, hide parts, mask parts, display summaries, or omit parts.
4. The User agrees not to exercise moral rights, performer’s moral rights, or similar personality rights against the Company or its subcontractors, but only to the extent necessary for the technical processing, display adjustments, compliance with applicable laws and regulations, and other operational needs set forth in this Article.
5. The non-exercise set forth in the preceding paragraph shall be limited to the extent necessary for the following acts:
(1) Minor modifications associated with thumbnails, previews, display layouts, and other display specifications of the Service
(2) Technical modifications to accommodate devices, network lines, file formats, or distribution methods
(3) Minimum necessary hiding, redaction, masking, or omission for compliance with applicable laws and regulations, prevention of infringement of rights, or compliance measures
(4) Omission or change of name display in accordance with a User’s display name, pen name, anonymous display settings, or limitations of display fields
6. The license granted under this Article shall remain effective while the relevant User Content is publicly available on the Service, and shall survive after the end of such publication or after withdrawal, but only to the extent reasonably necessary for operation of the Service, including retention of backups, preservation of logs, responses required by law, dispute handling, accounting processing, and handling of existing purchasers.
Article 17. Creation of Derivative Works, Work-Specific Action Approved Lists, and the Company’s Involvement
1. For each Original Work, the Original Work Contributor may indicate, by the method prescribed by the Company, whether creation of Derivative Works from such Original Work is permitted.
2. In addition to the indication set forth in the preceding paragraph, the Original Work Contributor may display, as a Work-Specific Action Approved List, actions that the Original Work Contributor approves or recommends with respect to such Original Work, as well as cautions and other reference information.
3. A Work-Specific Action Approved List is intended to clarify the intentions of the Original Work Contributor and provide reference information to other Users and, unless the Company expressly states otherwise, shall not directly create any legal or contractual obligation for Users.
4. Where an Original Work Contributor indicates that derivative creation is permitted, the Company may, by the method prescribed by the Company, provide registered Users with the opportunity to create Derivative Works using such Original Work and to post, publish, distribute, or sell such Derivative Works on the Service.
5. A Derivative Work Contributor shall endeavor to create, Post, and use Derivative Works while respecting the Original Work, the rights of other Users, and applicable laws and regulations, and after fully referring to the applicable Work-Specific Action Approved List.
6. Even where a Derivative Work Contributor creates, Posts, or uses a Derivative Work in a manner not in line with a Work-Specific Action Approved List, the Company shall not be obligated to take measures such as correction, deletion, or suspension of publication against such Derivative Work Contributor.
7. If any dispute, objection, or request arises between an Original Work Contributor and a Derivative Work Contributor regarding interpretation of a Work-Specific Action Approved List, work content, method of expression, credit display, manner of publication, or any other matter related to Derivative Works, the parties shall resolve the matter through good-faith consultation among themselves, and the Company shall have no obligation to arbitrate, coordinate, monitor, or enforce such matters.
8. Notwithstanding the preceding two paragraphs, if the Company determines that there is a violation of applicable laws or regulations, these Terms, or possible infringement of third-party rights, an impediment to operation of the Service, or any other reasonable ground, the Company may, at its discretion, take necessary measures such as making a Derivative Work non-public, suspending publication, suspending sale, or requesting deletion.
9. Even where an Original Work Contributor has indicated that derivative creation is permitted, such Original Work Contributor shall not acquire any right to demand that the Company take measures such as correction, deletion, suspension of publication, or suspension of sale of a specific Derivative Work solely because such Derivative Work is inconsistent with the applicable Work-Specific Action Approved List.
10. A Derivative Work Contributor shall hold rights in the portion of the Derivative Work newly created by such contributor; provided, however, that rights in the Original Work remain reserved to the Original Work Contributor, and the Derivative Work Contributor acknowledges that rights relating to the Original Work may apply to use of the Derivative Work.
11. Any use outside the Service of an Original Work or Derivative Work shall be subject to the “DouDouDoujin Off-Site Work Use Policy” separately prescribed by the Company and any other rules prescribed by the Company.
12. The handling of Derivative Works, settlement, handling of existing purchasers, and any other necessary matters in the event of suspension of publication, deletion, or other events relating to an Original Work shall be governed by policies, individual terms, or help pages separately prescribed by the Company.
Article 18. Warranties and Obligations Regarding User Content
1. A User who Posts User Content through use of the Service warrants to the Company that such User Content does not infringe the rights of any third party.
2. If, for any reason, a dispute arises with a third party, such as infringement of a third party’s rights by information Posted by a User, the relevant User shall resolve the matter at the User’s own expense and responsibility and shall not cause any damage to the Company.
3. The User shall manage and preserve, at the User’s own responsibility, all data such as images and text created by the User. Data such as images or text being edited for upload to the Service, as well as uploaded images or text data, shall be preserved by the User using methods such as taking appropriate backups, and while the Company will make reasonable efforts in operating the Service to preserve such data, it does not guarantee such preservation.
4. The User acknowledges that Posting of User Content is carried out at the User’s own responsibility, and that, except where required by law or under these Terms, the Company has no obligation to monitor the content of User Content. The User further understands that if a third party makes any claim or demand, including an allegation of infringement of rights, arising from or in connection with Posting of User Content, the User must resolve the matter at the User’s own expense and responsibility, and, except where the Company has acted intentionally or with gross negligence, shall not cause damage to the Company.
Article 19. Deletion of User Content
The Company may, in any of the following cases, take measures such as deleting all or part of the relevant User Content or changing its publication scope, regardless of whether such User Content is unlawful or violates these Terms. However, the Company shall not be obligated to take such measures, nor shall it be obligated to disclose the reason therefor.
1. Where a public institution or expert, meaning the national government, local governments, entities recognized as reliability confirmation organizations under guidelines, etc. under the Act on Addressing Infringement of Rights through Specified Telecommunications or other applicable laws and regulations, the Internet Hotline Center, attorneys, etc., provides an indication, opinion, or inquiry that the User Content is unlawful, contrary to public order and morals, or infringes another person’s rights
2. Where a third party asserts rights with respect to the User Content
3. Where the Company determines that the User Content infringes a third party’s copyright
4. Where the Company determines that character codes or the like included in the User Content are causing or may cause a malfunction in the Service
5. Where the amount of information registered by the User exceeds the capacity prescribed by the Company
6. Where the Company otherwise determines it is necessary to delete such information in accordance with applicable law and social norms
Article 20. Handling of Copyright Infringement
1. If a User’s own copyrighted work is infringed on the Service, the User shall send the prescribed information to the contact point separately designated by the Company.
2. Where a request is based on an order of a court, public prosecutor’s office, or administrative agency, the Company shall respond in accordance with such order.
3. Any dispute relating to infringement referred to in paragraph 1 shall be resolved by the parties concerned at their own expense and responsibility. If the Company suffers damage as a result of such dispute, the party or parties responsible for such dispute shall compensate the Company for such damage jointly and severally if more than one.
4. Infringement of rights other than copyright shall be handled mutatis mutandis in accordance with this Article.
Article 21. Unauthorized Access and Unauthorized Use of Works
1. If the Company reasonably determines that there has been unauthorized access to the Service, improper intrusion differing from normal use, acquisition of data without authority, or any other improper conduct, the Company may conduct necessary investigations and, as needed, take measures such as contacting relevant parties, restricting access, suspending publication, suspending sales, requesting deletion, restricting Accounts, consulting attorneys, consulting investigative authorities, reporting to authorities, or any other necessary measures. However, the Company shall not be obligated to take such measures.
2. A User shall not, without authorization from the Company or the right holder, acquire or attempt to acquire by improper means any works, data, systems, User Content, or other information that is not intended to be obtained through ordinary methods of use. If the Company determines that such conduct by a User constitutes or may constitute a violation of applicable law, these Terms, or third-party rights, or that there are any other reasonable grounds, the Company may take the measures set forth in the preceding paragraph.
3. A User shall not resell, redistribute, repost, upload, or otherwise use any Original Work or Derivative Work obtained through the Service in violation of these Terms, the rules prescribed by the Company, or the “DouDouDoujin Off-Site Work Use Policy” separately prescribed by the Company; provided, however, that this shall not apply to User Content for which such User lawfully holds rights.
In addition, even where a Derivative Work Contributor holds rights in a Derivative Work posted by such contributor, the contributor confirms that rights relating to the Original Work remain reserved to the Original Work Contributor, and that any use involving portions derived from the Original Work shall be subject to these Terms, the rules prescribed by the Company, or policies separately prescribed by the Company.
If the Company determines that a User’s use is unauthorized, or that there is a violation of applicable law, these Terms, possible infringement of third-party rights, or any other reasonable grounds, the Company may take measures such as contacting relevant parties, suspending publication, suspending sales, requesting deletion, restricting Accounts, consulting investigative authorities, reporting to authorities, or any other necessary measures. However, the Company shall not be obligated to take such measures.
Article 22. Deregistration, etc.
1. If the Company reasonably determines that a User falls under any of the following, the Company may, without prior notice or demand, suspend all or part of use of the Service, suspend or delete the Account, terminate all or part of the contract between the Company and the User relating to the Service, or take any other measures the Company deems necessary and appropriate. However, the Company shall not be obligated to take such measures:
(1) The User has violated any provision of these Terms
(2) It is discovered that the Registration Information contains false, inaccurate, or materially incomplete information
(3) The User has suspended or become unable to make payments, or a petition has been filed for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings
(4) The User is a member of or related to anti-social forces, or has violated Article 28
(5) The User has engaged in, or is likely to engage in, a prohibited act set forth in Article 13
(6) The User fails to respond, despite being requested to do so within a reasonable period, to inquiries, requests for identity verification, requests for submission of materials, or other communications from the Company
(7) Multiple reports, claims, or inquiries are received from other Users or third parties concerning infringement of rights, misconduct, or other serious problems
(8) The Company otherwise reasonably determines that continued use of the Service by the User is inappropriate
2. Even where measures are taken pursuant to the preceding paragraph, the Company shall not thereby be deemed to have conclusively determined the existence or non-existence of any specific violation, infringement of rights, dispute, or damage.
3. If any of the events in paragraph 1 applies and the Company takes measures to suspend use of the Service, suspend or delete an Account, or terminate the contract, and the User owes monetary or other obligations to the Company, the User shall automatically lose the benefit of time with respect to such obligations and shall immediately perform them.
4. In connection with measures under this Article, the Company may confirm facts with, explain to, contact, or provide information to other Users, third parties, payment service providers, contractors, attorneys, investigative authorities, administrative agencies, or other relevant parties to the extent necessary.
5. Even where the Company has taken measures under this Article, the User shall not acquire any right to demand from the Company an injunction against such measures, restoration to the original state, or continued use. However, the Company may, if it deems necessary, voluntarily re-examine or review such measures.
6. Even if a User suffers damage or disadvantage because the Company took or did not take measures under this Article, the Company shall not be liable except where the Company has acted intentionally or with gross negligence.
Article 23. Term, etc.
1. These Terms shall become effective when a User agrees to them and starts using the Service, and shall remain in effect until the User withdraws or the contract between the Company and the User relating to the Service terminates.
2. The license granted to the Company under Article 16 shall remain effective while the relevant User Content is publicly available on the Service, and shall survive after the end of such publication or after withdrawal, but only to the extent reasonably necessary for operation of the Service, including retention of backups, preservation of logs, responses required by law, dispute handling, accounting processing, and handling of existing purchasers.
3. If, with respect to an Original Work, there occurs revocation of an indication permitting derivative creation, suspension of publication, deletion, suspension of sales, or any equivalent event, the Company may suspend acceptance of new applications for creation of Derivative Works relating to such Original Work, and may suspend posting, publication, distribution, or sales of such Derivative Works.
4. In the case set forth in the preceding paragraph, Derivative Works that have already been published, distributed, or sold on the Service shall, in principle, cease to be publicly available 90 days after the date on which publication of the relevant Original Work was suspended. However, if the Company deems it necessary due to handling of existing purchasers, refunds, settlements, confirmation of rights relationships, compliance with applicable laws and regulations, system-related reasons, or otherwise, the Company may shorten or extend such period, or determine different handling.
5. Viewing, re-downloads, support, refunds, settlements, and other necessary matters for existing purchasers in the case set forth in the preceding paragraph shall be governed by policies, individual terms, or help pages separately prescribed by the Company.
6. Even in the cases set forth in the preceding paragraphs, an Original Work Contributor or Derivative Work Contributor shall not acquire any right to demand that the Company take measures such as correction, deletion, suspension of publication, suspension of sales, or continued publication of a specific Derivative Work, and the Company shall not be obligated to take such measures; provided, however, that this shall not apply where there is a violation of applicable law, these Terms, possible infringement of third-party rights, or any other reasonable grounds.
7. Even if a User suffers damage or disadvantage due to suspension of publication, deletion, suspension of sales, or any other measure under this Article regarding an Original Work or Derivative Work, the Company shall not be liable except where the Company has acted intentionally or with gross negligence.
Article 24. Account Deletion
1. If a User wishes to delete the Account, the User shall request deletion of the Account from the Company by the method prescribed by the Company and delete the Account by the method prescribed by the Company.
2. If a User’s Account is deleted, including any separate registration held by the User under an individual service in a capacity distinct from that of a User, the User’s right to use the Service shall terminate unless otherwise permitted by the Company; provided, however, that this shall not apply where Article 16, paragraph 6, Article 23, or any other provision of these Terms provides otherwise. The Company may delete the User’s Registration Information and User Content, except to the extent reasonably necessary for responses required by law, preservation of logs, dispute handling, accounting processing, handling of existing purchasers, or other operation of the Service.
3. The Company shall have no obligation to restore the deleted User’s Registration Information or Posts, regardless of the reason.
4. Even if the User withdraws, the User shall not be released from any monetary or other obligations owed to the Company.
Article 25. Monitoring Operations
1. The Company and third parties commissioned by the Company may, to the extent not infringing the secrecy of communications, confirm Users’ usage status of the Service and take necessary monitoring measures to the extent necessary for maintaining the safety of the Service, preventing unauthorized use, confirming compliance with these Terms, and otherwise appropriately operating the Service.
2. For the purpose of maintaining the sound operation of the Service, the Company may perform mechanical filtering of direct messages sent and received through the direct messaging function between Users, where inappropriate wording is detected, for the purpose of suspending the direct messaging function of the User who sent such message. The User agrees in advance to such filtering. Such filtering shall, in principle, consist of mechanical detection processing and shall not be intended to enable human review of individual communication contents, except where permitted by applicable law or otherwise provided in these Terms.
Article 26. Disclaimer
1. The Company shall not be involved in Users’ communications or transactions. If any dispute arises between Users or between a User and a third party, such dispute shall be resolved between the relevant parties, and the Company shall bear no responsibility therefor.
2. If the Company determines it necessary, it may, without notice to Users, change, suspend, discontinue, or terminate the Service, or delete or modify the contents of the Service. Even if Users incur damage, loss, or other costs as a result, the Company shall not be liable except where the Company has acted intentionally or with gross negligence.
3. The Company shall not be liable, except as otherwise specifically provided in these Terms, for any damage suffered by a User or any other person arising from delay or interruption in provision of the Service due to any of the following or other causes:
(1) Periodic or emergency maintenance of Service equipment, etc.
(2) Inability to provide the Service due to fire, power outage, etc.
(3) Inability to provide the Service due to natural disasters such as earthquakes, volcanic eruptions, floods, or tsunamis
(4) Inability to provide the Service due to war, disturbances, riots, civil commotion, labor disputes, etc.
(5) Failure, maintenance, or upkeep of equipment or systems used by the Company
(6) Decreased display speed or other failures caused by excessive access or other unforeseen factors
(7) Security issues that cannot be prevented by ordinarily available anti-peeping measures, use of software without known defects, virus countermeasures, etc.
(8) Any other case in which the Company determines temporary interruption of the Service is necessary for operational or technical reasons
4. The Company does not warrant that the Service is accurate, up to date, useful, reliable, or fit for any particular purpose, that it is free of factual or legal defects, or that it does not infringe the rights of any third party. The Company shall have no obligation to provide the Service after removing such defects. The Company also makes no warranties of any kind regarding the status of provision of the Service, accessibility, or state of use.
5. A User shall comply with the laws and regulations of the country or region in which the User uses the Service or information obtained through the Service, and the Company shall not be liable for the User’s violation of applicable laws or regulations.
6. The Company will provide Users with convenient and high-quality payment environments, etc., but does not guarantee the absence of accidents in payment processing. The Company also has no obligation to make permanent updates, improvements, or bug fixes to the Service.
7. The Company has no obligation to manage or preserve User Content Posted by Users.
8. The Company shall not be liable with respect to the legality or accuracy of User Content Posted by Users. The Company shall also not be liable as to whether User Content Posted by Users complies with the internal rules, etc. of corporations or organizations to which such Users belong.
9. The Company may, only in the following cases and only to the minimum extent necessary without infringing the secrecy of communications, review, preserve, or disclose to a third party the contents of the relevant User Content (hereinafter in this paragraph, “Review, etc.”):
(1) Where the User has expressly consented to such Review, etc.
(2) Where such Review, etc. is necessary to identify or resolve a technical defect in the Service, and does not unjustly harm the User’s rights or interests
(3) Where a court, police, or other public authority has made a formal inquiry or order pursuant to applicable law
(4) Where the Company determines that there is an imminent danger to a person’s life, body, or property and that urgent necessity exists
(5) Where such Review, etc. is otherwise permitted by applicable law
Even if a User suffers damage as a result of the Company carrying out Review, etc. pursuant to the foregoing items, the Company shall not be liable except where the Company has acted intentionally or with gross negligence.
10. If the Company determines that there are reasonable grounds to believe that an act violating or likely to violate these Terms has been carried out, it may take measures such as compulsory deletion of the relevant User’s Account, deletion of all or part of the relevant User Content, or change of publication scope. Even if a User suffers damage or disadvantage as a result, the Company shall not be liable except where the Company has acted intentionally or with gross negligence.
11. Notwithstanding paragraphs 1 through 10 and any other provisions of these Terms concerning disclaimer of liability by the Company, where the contract between the Company and a User relating to the Service, including these Terms, constitutes a consumer contract under the Consumer Contract Act, the Company’s disclaimer shall be as follows:
(1) The Company shall not be liable for special damages incurred by the User due to the Company’s default or tort caused by negligence, excluding gross negligence, including cases where the Company or the User foresaw or could have foreseen the occurrence of such damages.
(2) For damages actually and directly incurred by the User due to the Company’s default or tort caused by negligence, excluding gross negligence, the Company shall be liable only within the scope of ordinary and direct damages actually incurred, and, in the case of paid services, up to the total amount of fees paid by the User to the Company during the one-year period immediately preceding the User’s claim for damages.
12. In cases other than those set forth in the preceding paragraph, where the contract is not a consumer contract, if the Company is liable to the User for any reason in connection with the User’s use of the Service, the Company’s liability shall be limited to the scope of ordinary and direct damages actually incurred by the User, and, in the case of paid services, up to the total amount of fees paid by such User to the Company during the one-year period immediately preceding the User’s claim for damages.
13. If the Company directly or indirectly incurs any damage, including attorneys’ fees and lost profits required to resolve disputes, due to a User’s use of the Service, including where a third party makes a claim against the Company arising from such use, the User shall immediately compensate the Company upon the Company’s demand.
Article 27. Response to Service Defects
1. If an error occurs in DouDouDoujin, such as inability to download or view a work, or file corruption, the User shall first take basic measures such as reloading the page or checking the internet connection.
2. If the issue is not resolved after taking the measures set forth in the preceding paragraph, the User shall promptly contact the support desk designated by the Company and follow the Company’s instructions. The Company shall provide support within a reasonable scope toward resolution of the defect.
Article 28. Exclusion of Anti-Social Forces
1. The User represents and warrants that the User is not currently, and has not within the past five years ceased to be, a member of an organized crime group, quasi-member of an organized crime group, member of a company affiliated with an organized crime group, corporate extortionist, person pretending to be engaged in social movements, special intelligence violent group, or any other equivalent person (collectively, “Anti-Social Forces”), and that the User does not provide funds or otherwise cooperate with or participate in the maintenance, operation, or management of Anti-Social Forces, and has no interaction or involvement whatsoever with Anti-Social Forces.
2. The User represents and warrants that neither the User nor any third party acting on the User’s behalf will engage in any of the following acts against another User or the Company:
(1) Violent or threatening conduct
(2) Unjust demands beyond the scope of legal responsibility
(3) Disseminating rumors, using fraud or force to damage the other party’s credit or obstruct the other party’s business
(4) Any other act equivalent to the foregoing
Article 29. Links to External Sites, etc.
1. With respect to external websites or applications linked from content or advertisements on the Service (“External Sites, etc.”), the Company makes no warranty, express or implied, as to the accuracy, timeliness, completeness, merchantability, or fitness for purpose of information displayed on such External Sites, etc. Even if a User or third party suffers damage or disadvantage through use of such External Sites, etc., the Company shall bear no responsibility therefor. Users shall use External Sites at their own judgment and responsibility.
2. The fact that External Sites, etc. are linked from information provided through the Service does not mean that the Company has any commercial relationship with such External Sites, etc.
Article 30. Notices or Communications
1. Where it is necessary to notify or communicate with a User, the Company may do so through the messaging function on the Service, postal mail, postings on each service, including notices, or communications to the email address or social media account registered by the User. If a User determines that it is necessary to contact the Company, the User shall do so by email or postal mail to the contact point separately designated by the Company. Where the Company provides notice or communication through postings on each service, such notice or communication shall become effective 48 hours after posting; where provided by any other means, it shall become effective when the Company sends such notice or communication to the User.
2. Except where the Company specifically deems necessary, the Company will not accept communications by telephone or in-person visits.
3. Except where required under Japanese law, the Company shall not disclose or leak a User’s personal information learned in connection with provision of the Service to any third party other than the User, and shall not use such information beyond the scope necessary for provision of the Service.
4. Except as set forth in the following paragraph, the Company shall not disclose to any third party the communication history of emails.
5. Where a compulsory disposition such as search or seizure is carried out pursuant to a warrant issued by a judge, where an inquiry is made by a public authority having statutory authority to inquire under Article 197, paragraph 2 of the Code of Criminal Procedure, or where disclosure is otherwise required by applicable law, the Company may disclose the information requested without obtaining the User’s consent.
Article 31. Handling of Fan Letters, etc.
1. The Company shall not forward letters or other items sent to Users, including fan letters (“Fan Letters, etc.”). Fan Letters, etc. shall be sent directly to the intended User. If Fan Letters, etc. are delivered to the Company, the Company shall dispose of them and shall not return them to the sender of such Fan Letters, etc. (the “Sender”).
2. As a rule, the Company shall dispose of Fan Letters, etc. received by it without opening them. However, if disposal without opening is difficult, the Company may unavoidably open them for processing.
3. Even if a User, Sender, or third party suffers damage as a result of the Company’s handling under the preceding two paragraphs, the Company shall not be liable to such User, Sender, or third party except where the Company has acted intentionally or with gross negligence.
Article 32. Validity of These Terms
1. Even if part of these Terms or any individual terms and conditions is deemed invalid under applicable law, the remaining provisions of these Terms or such individual terms and conditions shall remain valid.
2. Even if part of these Terms or any individual terms and conditions is deemed invalid or rescinded in relation to a particular User, these Terms or such individual terms and conditions shall remain valid in relation to other Users.
Article 33. Business Transfer, etc.
1. If the Company transfers the business relating to the Service to a third party, or there is a company split, merger, or other organizational restructuring (“Business Transfer, etc.”), the Company may transfer to such third party the Company’s contractual position under the contract between the Company and the User, including these Terms, and the information provided by the User to the Company in connection with use of the Service.
2. In the case set forth in the preceding paragraph, the User shall be deemed to have consented in advance to such Business Transfer, etc.
3. The Company may assign claims against Users to a third party, and the User agrees that, for such purpose, the User’s personal information, etc. may be provided to such third party.
Article 34. Governing Law and Court of Jurisdiction
1. These Terms and any individual terms and conditions shall be governed by the laws of Japan.
2. If litigation becomes necessary between a User and the Company, the Nagoya District Court shall have exclusive jurisdiction as the court of first instance.