1. Registration of account information
The Operating Company may, at its discretion, add or otherwise change the Individual Services available with the account information that the Users registered, and the Users consent to this.
The Operating Company shall notify the Users of the information related to such changes on the window on which the services are provided, by which the Users shall learn of such information.
In addition, there may be instances where there are functions available by which the Users may, at their discretion, select whether or not they will use the registered account information when using each Individual Service.
The reason why the registered account information is necessary and the substance of the services provided using the registered account information shall be explained on the window on which the services are provided on the website of each Individual Service, by which the Users shall learn of such information.
The Users shall not assign, lend or allow use of their account information to or by a third party for any purpose.
2. Management of accounts
The Users shall manage their account information at their responsibility and authority, and where “Niconico” is used with the registered account information, the Operating Company will deem that the User who registered the relevant account information used “Niconico”. Even where a User suffered any damage from an unauthorized use of the account information by a third party, the User who registered the relevant account information shall be entirely liable.
The Operating Company may send emails regarding “Niconico” containing information about new functions, updated information and special offers to the email addresses that the Users registered (the message may be large, as necessary), and the Users shall consent to this. Information on the incoming messages setting shall be explained in each service and in the emails to be sent. Except where downloading is explicitly permitted, Users may not download any movie data from any video uploading website available to view on “Niconico” using their own account information via, among other things, software (including those which are recorded in a recording media and provided via communication line and add-in browsers), or websites provided by a third party who is not designated by the Operating Company, and the Users consent to this.
3. Treatment of personal information
Treatment of the personal information the Operating Company acquires when the Users register their account information and when Users use each Individual Service based on the registered account information shall be subject to the substance of the “Basic Policy on Personal Information Protection”.
4. Vesting of rights
The copyright in text written by the Users on “Niconico” shall be entirely transferred to the Operating Company at the time the Users write the text (rights provided in Articles 27 and 28 of the Copyright Act shall also be transferred to the Operating Company). However, the Operating Company shall license the User who wrote the text to use the relevant text. The Users shall not assert or exercise any rights (including moral rights) regarding the relevant text against the Operating Company and any parties designated by the Operating Company.
5. Prohibited matters
In relation to the use of “niconico,” the Users may not engage in the following acts:
- Acts listed in sections 3 and 4 of the niconico Action Guidelines or acts analogous to such acts (including acts other than by, among other means, posting comments or uploading movies).
- Acts in conflict with the Public Offices Election Act.
- Acts which are too burdensome on the “Niconico” server.
- Acts which obstruct the operation of “niconico.”
- Posting links to download sites of, among other sites, child prostitution, child pornography or unedited videos.
- Sales activities, auctions, payment of monies and other analogous acts not permitted by the Operating Company.
- Disclosing the substance of a profile in order to advertise or promote products for which the Operating Company permission has not be obtained, or other acts of solicitation such as sending spam mails and chain mails.
- Use of “Niconico” by minors who are from 13 to 19 years old inclusive without the consent of their statutory agents (a person with parental authority).
- Acts that the Operating Company considers inappropriate.
- Other acts analogous to the foregoing.
6. Measures to be taken by the Operating Company
Aside from the above, where the Operating Company decides at its discretion that it is necessary, the Operating Company may take any measure that it determines appropriate such as deleting the account information registered by the User and deleting any posts without any prior notice to the User, and the Users consent to this.
In the following cases related to posting text on “Niconico” and all acts that the Users engaged in when using “niconico,” the Operating Company may preserve, or disclose or provide to a third party, records of the relevant acts and all information regarding the Users that engaged in the relevant acts (including, but not limited to, all information related to the relevant Users’ account information, all other information regarding the Users’ use of “Niconico” and information on the IP address and time stamp that the Operating Company confirmed), and the Users consent to this:
if based on laws and regulations; if necessary for the protection of the life, body, or property of an individual; if necessary to improve public health or promote the sound growth of children; if necessary to cooperate with a state organ, a local government, or an individual or a business operator entrusted by either of the former two in executing the affairs prescribed by laws and regulations and where obtaining the consent of the person is likely to impede the execution of the affairs concerned; if the Operating Company determines it necessary to handle claims against acts that infringe a third party’s right(s); and where the Operating Company otherwise determines that it is necessary for the operations of “niconico.”
The Users consent that they will not object to the Operating Company regarding any measures taken by the Operating Company including deleting any posts or account information registered by the Users.
The Operating Company does not warrant the accuracy, legality, morality, timeliness or appropriateness of the information posts on “niconico.” In addition, the Operating Company may discontinue or suspend provision of services for any reason and without any advance notice.
However, the foregoing shall not apply where consumer protection acts or analogous acts contain mandatory provisions that protect the Users in the country where the relevant User resides.
8. Change and termination of Services
The Operating Company may change the substance of provided services and or cease provision of service content at its own discretion. In principle the Operating Company shall notify the Users by positing or pushing on the “Niconico” website.
The Operating Company shall not be liable whatsoever for any damages suffered by the Users from or in relation to changing or ceasing to provide the Service.
10. General Provisions