Club Nintendo Terms and Conditions

Introduction

Last updated December 1, 2008

Welcome to the Club Nintendo website (the "Site")! We want to make sure your visit to our Site is an enjoyable one, so we've drawn up a few ground rules that will help you have a safe and enjoyable experience. Please make sure you understand these terms and conditions. Younger visitors should ask a parent or guardian to explain some of the more complicated terms here.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using Club Nintendo or by clicking the button "Join!" at the end of the Club Nintendo registration process, you and your Club Nintendo family account members agree to follow our (1) terms and conditions of use; (2) Privacy Policy that can be found at http://www.nintendo.com/corp/privacy.jsp; and (3) any other posted guidelines or rules applicable to your use of Club Nintendo (collectively, "Rules"). If you are between the ages of 13 and 18, please review these Rules carefully with a parent or guardian before creating a Club Nintendo account. If you do not agree to any of our Rules, please stop using our Site immediately. We may update our Rules from time to time; the most recent Rules will be posted on this Site. Please review our Rules frequently to ensure that you are aware of any changes to them. If we update the Terms and Conditions, the "Last updated" line above will be revised. If you continue using our Site following the posting of changes to our Rules, it means you accept those changes.

IF YOU ARE A PARENT OR GUARDIAN AND YOU ADD YOUR CHILD TO YOUR CLUB NINTENDO FAMILY ACCOUNT, YOU AGREE TO BE BOUND BY THESE RULES WITH RESPECT TO YOUR CHILD'S USE OF THIS SITE. We encourage parents and guardians to monitor their minor children's use of the Site. For parents and guardians, we have an additional Parents section dedicated to specific questions you may have. Please click here to go to the Parents section.

This Site is operated by Nintendo of America Inc. When we say "Nintendo," "we," "our" or "us," that means Nintendo of America Inc. When we say "you" or "your" that means you, your Club Nintendo account members and anyone else authorized to use your Club Nintendo account. If you have any questions regarding this Site please contact us by mail at 4600 150th Ave NE, Redmond, WA 98052 Attention: Club Nintendo Terms and Conditions, by telephone at (888) 977-7627 or by email.

A.       USE OF THIS SITE

This Site is only for your personal use. You may not use this Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

All information, materials, functions and other content (collectively, "Content") contained on this Site are our intellectual property or the intellectual property of our licensors or licensees. We may change this Site or delete Content or features at any time for any or no reason.

You may not use, reproduce, transmit, distribute or otherwise exploit Content on this Site in any way, except where this Site specifically allows the download of particular Content. If download of Content is allowed, you may download one copy of such Content to a single computer for your personal, noncommercial, home use only, provided you do not: (a) remove copyright and other proprietary notices, (b) modify the Content, or (c) use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "remailing" or high-volume or automated use of this Site is prohibited.

B.       REGISTERING FOR CLUB NINTENDO

Some of the features on this Site permit or require you to create a Club Nintendo account to participate in certain features. If you choose to register for a Club Nintendo account, the Club Nintendo account you open is your unique ticket into the many exciting features of Club Nintendo, such as the opportunity to earn Coins, to redeem earned Coins for special rewards, and to participate in special contests and sweepstakes.

Please remember that you are responsible for the security and confidentiality of your password and account, and for all use of your Club Nintendo account. You should protect and keep your account details secret at all times. You agree to provide, maintain, and update true, accurate, current and complete information about yourself and your account members as prompted by our registration processes. You agree not to impersonate any person or misrepresent your identity or affiliation with any person, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. In addition, you agree to log off from your Club Nintendo account at the end of each session.

You must notify us immediately if you become aware of any unauthorized use of your Club Nintendo account or any other breach of security relating to your account. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of this Site.

Please note that we may provide user account, content or use records, and related information under certain limited circumstances, such as in response to legal process, actions, proceedings, orders, subpoenas, or warrants; to enforce our Rules; or to protect our rights, customers or business.

    1.  Am I Eligible to Join Club Nintendo?

    To register as a Club Nintendo member, you must be a resident of the United States or Canada. If you are not a resident of the United States or Canada, please select "Global" on the bottom of the Site to go to the Nintendo website of your country of residence.

    If you're under 13 years old, you cannot create an account. Instead, your parent or guardian can create a Club Nintendo family account and then create a sub-account for your use. You will learn more about the details during the registration process.

    2.  What are some of Nintendo's rights as to my Club Nintendo Account?

    We may take action against and/or terminate the account of anyone who supplies false information when registering, impersonates other users, or uses an account that isn't his or her own. You agree not to use any robot, spider, scraper or other automated means to access this Site for any purpose. Additionally, you agree not to: (i) take any action that we determine in our sole discretion imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or activities conducted on this Site; or (iii) bypass any measures we use to prevent or restrict access to this Site.

    3.  How does Nintendo protect and use my personal information?

    We work hard to protect your privacy - and you should, too. To learn about how we collect and use your personal information, and how we look after it, please read our full Privacy Policy at http://www.nintendo.com/corp/privacy.jsp.

C.       CLUB NINTENDO COINS AND REWARDS

    1.  How do you earn Coins?

    Club Nintendo allows you to earn Coins which can later be redeemed for rewards. Only Club Nintendo members can earn Coins. Coins may be earned by registering as a Club Nintendo member and participating in specified online interactions with us, such as registering products or completing surveys. The activities for which Coins can be earned, and the number of Coins earned, may change from time to time.

    2.  How do you check your account status?

    You can check the status of your Club Nintendo account and Coins earned by logging in to your account.

    3.  How can Coins be redeemed?

    The Coins you earn can be redeemed for rewards in the Club Nintendo Catalog at the time of redemption. However, not all rewards in the Club Nintendo Catalog may be available. We may change the Club Nintendo Catalog at any time without prior notice.

    Some of the rewards in the Club Nintendo Catalog may only be available for a limited time or in a limited quantity. Limited rewards will be available on a first come first serve basis.

    We may replace or withdraw rewards in the Club Nintendo Catalog at any time.

    We are not responsible for any taxes or other fees or costs that may be assessed as a result of your earning or redeeming Coins.

    We will only ship a reward to an address in the continental United States, Hawaii, Alaska, US territories, APO and FPO addresses, or Canada.

    4.  When do my Coins expire?

    The length of time that Coins are valid is measured in Club Nintendo years. A Club Nintendo year runs from July 1 to June 30. Coins are valid for at least two Club Nintendo years; they expire on the third June 30th after their issuance. For example, if you are issued Coins on February 14, 2009, they will expire on June 30, 2011.

    5.  Can I return or exchange my reward?

    No, once you redeem your Coins for a reward you cannot return or exchange your reward unless the reward is broken or defective. If available, your broken or defective reward will be exchanged for the same reward.

D.       MISUSE OF CLUB NINTENDO.

You may not:

  • register more than once as a Club Nintendo member;
  • register the same Nintendo product more than once, unless expressly permitted by us;
  • register a product which was not lawfully purchased;
  • make use of Coins in any way other than for your own or members of your Family Account's personal use -- in particular, you may not sell, buy or auction Coins or transfer Coins to another account;
  • use or promote illicit technical aids in order to earn Coins, for example, to create, offer, distribute or use software programs or other means that create an automatic online interaction with Nintendo; or
  • sell rewards.

If we believe in our sole discretion that you misused Club Nintendo in any way, we may refuse the redemption of Coins and delete your Club Nintendo account, including the Coins you have earned.

E.       THIRD-PARTY WEBSITES

You should be aware that when you are on our Site, there may be links to other sites that take you outside of our Site to websites that we do not control. For example, there may be links to content partners that use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of these links: (a) the sites you are taken to are not controlled by us; (b) different terms and conditions of use and privacy policies may apply, and (c) we are not responsible for such sites. We do not endorse and cannot ensure you will be satisfied with products or services that you purchase from a third-party site that links to or from our Site, or third-party content contained on our Site. We are not responsible for the accuracy, relevance, legality or decency of material contained on sites linked from our Site. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

F.       CHANGES TO OR TERMINATION OF CLUB NINTENDO

We may change or terminate Club Nintendo at any time, with or without notice to you. If we decide to provide notice of the change or termination, we may post information about the change or termination on this Site or we may send you an email at the last email address you provided us. If we terminate Club Nintendo, we will set a fixed time limit for you to redeem those Coins you earned up to the time of termination. After such time, your Club Nintendo account including all unredeemed Coins will be deleted.

G.       DISCLAIMERS

THE CONTENT ON OR RELATED IN ANY WAY TO THIS SITE (INCLUDING, BUT NOT LIMITED TO THE COINS OR THIRD PARTY SITES OR SERVICES LINKED TO OR FROM OUR SITE) AND REWARDS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT OR REWARD WILL BE ERROR-FREE, THAT ACCESS WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE CONTENT OR REWARDS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT OR REWARD. YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND REWARDS AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

ANY STATEMENTS ABOUT REWARDS ARE OF A PURELY DESCRIPTIVE NATURE AND CREATE NO LEGAL OBLIGATIONS. THE SAME ALSO APPLIES TO STATEMENTS MADE OR GIVEN BY THIRD PARTIES REGARDING THE REWARDS. IN THE EVENT OF ANY PROBLEM WITH THE REWARDS REDEEMED THROUGH CLUB NINTENDO, YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF SUCH PRODUCTS OR SERVICES.

THIS SITE MAY CONTAIN THE OPINIONS AND VIEWS OF THIRD PARTIES, INCLUDING OTHER USERS. WE DO NOT ENDORSE, GUARANTEE, AND ARE NOT RESPONSIBLE FOR ANY CONTENT GENERATED BY THIRD PARTIES OR OUR OTHER USERS.

H.       LIMITATIONS ON OUR LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE, OUR LICENSORS OR LICENSEES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE, OR INABILITY TO USE, THIS SITE OR CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, OR THE DOWNLOAD OF ANY CONTENT FROM THIS SITE; (B) THE USE OR INABILITY TO USE COINS OR REWARDS; OR (C) THE ONLINE OR OFFLINE CONDUCT OF ANY USER OF THIS SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID, IF ANY, OR $25 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR REASONABLE CONTROL.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

I.       INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username, password, and your account, as well as all activities that occur under your account. You agree to indemnify, defend, and hold us, our licensors, licensees, agents, representatives and other authorized users, and each of our respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Rules or claims arising from your use of this Site and/or your Club Nintendo account. You will use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

J.       GENERAL

    1.  Release

    ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE RULES OR THIS SITE MUST BE BROUGHT AGAINST US WITHIN ONE (1) YEAR AFTER YOUR CLAIM AROSE; OTHERWISE, YOU MAY NO LONGER BRING YOUR CLAIM.

    2.  Governing Law

    The laws of the state of Washington apply to these Rules. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington.

    3.  Severability

    If any part of these Rules is determined to be unlawful, void or for any reason unenforceable, then that part will be stricken from these Rules, and the rest of the Rules shall remain intact.

    4.  Entire agreement

    These Rules are the entire agreement between you and us and replace any prior understandings or agreements between us of any kind.

    5.  Waiver

    Failure to enforce any provisions of these Rules shall not result in the waiver of any other provision of the Rules.