The content in this section contains general product information and common questions about the Nintendo 3DS that are not addressed in our Getting Started, How To, or Troubleshooting pages.

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The availability to transfer save data is available through the current system update. Click here for information about performing the system update.

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Nintendo 3DS Service User Agreement

Last updated: November 1, 2011

Chapter I: Nintendo 3DS Service

Article 1: Grant of Limited License; Restrictions on Use

Nintendo grants you a personal, limited, non-exclusive, revocable (in whole or in part) license to use the Nintendo 3DS Service, Software, and Content in the manner described in this Agreement. Specifically:

• The Nintendo 3DS Service, Software and Content is intended for your personal recreational use. You are responsible for anyone using the Nintendo 3DS Service, Software, and Content through your Nintendo 3DS System (whether you gave them permission or not) and for ensuring they understand and agree to this Agreement.
• You may not use the Nintendo 3DS Service, Software, or Content for commercial or illegal purposes, in a way that may harm another person or company, or in any unauthorized or improper manner as we may specify from time to time in this Agreement, our Nintendo 3DS Code of Conduct, or otherwise.
• The Nintendo 3DS Service, Software, and Content is licensed to you for use on your Nintendo 3DS System only in the United States, Canada, or certain Latin America countries. We may not offer the Nintendo 3DS Service, Software or Content in other areas, which means that all features of your Nintendo 3DS System may not work if you try to use it in those other areas.

By accepting this Agreement or using a Nintendo 3DS System, the Nintendo 3DS Service, Software, or Content, you also grant to Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content that you post or provide in whole or in part and to incorporate your User Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.

Article 2: Communications with Other Nintendo 3DS Users

We are not obligated to monitor or supervise the content that you send or receive from other users of the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content. We do not represent that any such content you receive will not be harmful, inappropriate or free from errors. We also do not represent that content you send will not be sent to others or that it will remain unaltered. Also, we do not guarantee that any communications or Friend relationships will be protected from interception, viewing, or copying, so you should not transmit communications using the Nintendo 3DS Service, Software, or Content that you consider sensitive or proprietary. If you do not want to assume the risks associated with these features, please consult the Nintendo 3DS Operations Manual on how you can disable them.

Article 3: Communications from Us or Third Party Content Providers

You agree that we, our Third Party Content Providers, or other selected partners may provide you commercial information, including marketing and advertising messages about Nintendo or third party products, discounts and offers, and marketing and commercial applications on your Nintendo 3DS System through the Nintendo 3DS Service, Software, and Content. You acknowledge that your receipt of such information may be based on your proximity to a Nintendo Zone, a StreetPass Communication Point, or any other access point from which we, our Third Party Content Providers or other selected partners may provide such information. Please consult the Nintendo 3DS operations manual on how you can choose not to receive such information.

Article 4: Administrative Server Connections

You agree that your Nintendo 3DS System will connect to the Internet and to Nintendo’s servers—including in both Active Mode and Sleep Mode—for a variety of purposes, including to obtain system or User Content Restriction System updates, for diagnostic purposes, to transmit system log files as described in the Privacy Policy, or to receive Content. If you want to disable these connections entirely, you can do so by pressing the wireless switch to disable wireless communications. Please also consult the Nintendo 3DS Operations Manual for information on how some of these communications can be disabled.

Article 5: Parental Control

You may limit access to certain features of the Nintendo 3DS System and the Nintendo 3DS Service through our parental controls function; however, you are responsible for any features that anyone accesses through your Nintendo 3DS System even if you use the parental controls function.

Article 6: System Transfer and Nintendo 3DS Transfer Tool

When using the System Transfer or the Nintendo 3DS Transfer Tool, you are only allowed to transfer data between systems owned by you, and you are not allowed to transfer data between a system owned by you and a system owned by a third party. You can only transfer data that Nintendo has designated as transferable, and Nintendo may change such designation at any time, with or without notice to you. If designated by Nintendo as transferable, you may transfer certain saved data for built-in applications, photos, and audio data, system settings data, and certain add-on data. You may only use System Transfer to transfer prepaid funds credited to a Shop Account on one Nintendo 3DS System owned by you to another Nintendo 3DS System owned by you, and subject to any requirements and limitations as we may apply, from time to time.

Article 7: Privacy

We are committed to protecting the privacy and security of your personal information. By accepting this Agreement you agree that your use of the Nintendo 3DS Service is subject to the Nintendo 3DS Privacy Policy and its applicable terms of use and disclosure, which is part of this Agreement and applies to information submitted or collected through the Nintendo 3DS Service.

Chapter II: Unauthorized Software, Services, or Devices

You may not use your Nintendo 3DS System with any unauthorized software, unauthorized device or make any technical modifications to the Nintendo 3DS System. Any such use or modification voids any warranty, is a breach of this Agreement, and may be illegal or cause performance issues and/or damage to your Nintendo 3DS System and related services. Nintendo (as well as any Nintendo licensees, distributors or retailers) are not responsible for any damage or loss caused by the use of such devices, software, or modifications.

Chapter III: Updates/Changes

You understand that the Nintendo 3DS System specifications and the Nintendo 3DS Service, Software, and Content are constantly evolving and that we may update or change the Nintendo 3DS System, the Nintendo 3DS Service, Software, and Content in whole or in part, without notice to you. Such updates may be required for you to play new Nintendo 3DS games, enjoy new features, or continue to access the Nintendo 3DS Service. After the Nintendo 3DS menu is updated, any existing or future unauthorized technical modification of the hardware or software of your Nintendo 3DS System, or the use of an unauthorized device in connection with your system, will render the system permanently unplayable. Content deriving from the unauthorized modification of the hardware or software of your Nintendo 3DS System will be removed. Failure to accept the update may render games and new features unplayable.

Chapter IV: Nintendo 3DS Shop

Article 1: Nintendo 3DS Shop Account

You must create a Shop Account to use the Nintendo 3DS Shop. Your Shop Account is personal to you. You are responsible for monitoring use of and limiting access to your Shop Account, and for anyone using your Shop Account, even if without your permission.

The Nintendo 3DS Shop allows you to purchase a license to download Content or to purchase Products (and may also allow you to do such things as download licenses to use certain Content for free, or send Content to a Friend). If we suspect fraudulent or unlawful activity concerning your Shop Account, we may cancel, suspend, or otherwise limit your access to all or part of the Nintendo 3DS Service, which may result in your Shop Account being deleted and you losing access to the funds in your Shop Account. If we cancel, suspend, or limit your access to your Shop Account, we will not be obligated to restore your access or to refund in cash any funds in your Shop Account, unless required by applicable law to do so.

Article 2: Shop Account Balance

In order to purchase items or software licenses in the Nintendo 3DS Shop, you must have a prepaid funds balance in your Shop Account sufficient to purchase that item, or must have a download code authorizing you to obtain that item. You may use your credit card to add funds to your Shop Account (except in those countries where credit card usage is not enabled), or you may buy a Nintendo Prepaid Card or download code at retail, and may add funds to your Shop Account by following the directions on your Nintendo Prepaid Card. Download codes may also be offered to you as a promotional item. Points cards for Wii Shop Channel and for Nintendo DSi Shop cannot be used to add to your prepaid funds balance in your Shop Account.

If you use a credit card, you represent you are authorized to do so, and agree that you are responsible for all charges to that credit card. Unless otherwise required by law, the funds in your Shop Account are nonrefundable and may not be redeemed for cash. If we allow you to store your credit-card information using the Nintendo 3DS Service and you decide to do so, you are solely responsible for securing any Nintendo-assigned PIN or password, and we are not responsible for any unauthorized purchases.

Once you add funds to your Shop Account, you may not withdraw, sell, or transfer those funds to another person or to another hardware system, other than using the System Transfer application as described above in Chapter I, Article 6. Balances are not subject to an expiration date and we do not impose fees on balances in your Shop Account. You are responsible for your or anyone else’s use of the funds in your Shop Account, even if you did not give them permission to use those funds.

We may restrict Shop Account balances to use only in the country of purchase. If you choose to change your country settings, your Shop Account balance may become unavailable until you change your country setting back to the country in which you purchased your Shop Account balance. You also may be required to accept legal terms that apply to the new country that you have designated.

Article 3: Third Party Content Providers

We may allow Third Party Content Providers to make available Products or licenses to download Content through the Nintendo 3DS Shop, and may allow you to use your Shop Account funds for payment to us for such Content and Products. If you buy a Third Party Content Provider’s Products or a license to use its Content through the Nintendo 3DS Shop, you agree that the Third Party Content Provider that made or licensed the Products or Content is solely responsible to you for the Products or Content, and not us, and you hereby release us from any claims relating to Products or Content made available or licensed to you by a Third Party Content Provider.

Article 4: Account History

Each time you add funds to your Shop Account, and each time you purchase a license to download Content or purchase Products using your Shop Account balance, the transaction will be reflected in your account history. Account history information for each transaction will be available for at least one year from the date of the transaction in your Shop Account.

Chapter V: Third-Party Data

We are not responsible for any Third-Party Data or for any action you may take relating to Third-Party Data (including but not limited to modifying, distributing, or posting Third-Party Data). All Third-Party Data is the sole responsibility of the creator or sender of that Third-Party Data. Although we may choose to do so, we are not obligated to monitor, supervise, store, or maintain Third-Party Data or respond to complaints relating to Third-Party Data.

If legally permitted, we may access, use, and disclose Third-Party Data in order to protect our rights or property, to protect other users of the Nintendo 3DS Service, or to comply with legal requirements such as a subpoena or other legal process. You agree that you have no expectation of privacy in any Third-Party Data you receive or transmit via the Nintendo 3DS Service.

Chapter VI: Other

Article 1: Third-Party Providers

We may use our affiliates or third parties to provide any portion of the Nintendo 3DS Service or, at our option, transfer some or all of our rights or obligations under this Agreement to an affiliate or a third party without notice to you. We also may allow third parties to provide Third-Party Data to you through the Nintendo 3DS Service.

Article 2: Intellectual Property

We own all right, title, and interest in, or have the right to distribute, use, or sublicense, the Nintendo 3DS Service and the Nintendo IP. We do not provide you with any interest in the Nintendo 3DS Service or the Nintendo IP. Except as expressly authorized by us in writing, you may not create works based on the Nintendo 3DS Service, the Nintendo IP or Content, or modify, distribute, or transmit the Nintendo IP or Content. If you do not abide by these requirements, Nintendo shall own all right, title, and interest in any works created, adapted, distributed, or transmitted via the Nintendo 3DS Service, or, at Nintendo’s option, an unlimited license thereto. You agree to assign all such rights and execute any documents reasonably necessary to reflect Nintendo as the lawful owner of such rights.

We respect the intellectual property of others. If you believe that any material within the Nintendo 3DS System infringes upon any intellectual property right which you own or control, you may file a notice of such infringement with us as provided in Article 11 below. Our entire Intellectual Property Policy may be viewed at www.nintendo.com/ippolicy.

Article 3: Hosting, Intercepting, Emulating and Reverse-Engineering Prohibited

You may not host, intercept, emulate, or reverse engineer any part of the Nintendo 3DS System, Nintendo 3DS Service or the Nintendo IP.

Article 4: Disclaimer of Warranties

EXCEPT AS EXPRESSLY DESCRIBED IN THE NINTENDO 3DS MANUAL OR WARRANTY INFORMATION ACCOMPANYING THIRD-PARTY CONTENT (WHICH SHALL APPLY ONLY TO THE THIRD PARTY CONTENT PROVIDER), WE AND OUR THIRD PARTY CONTENT PROVIDERS, LICENSEES, LICENSORS, DISTRIBUTORS, AND SUPPLIERS ARE PROVIDING THE NINTENDO 3DS SERVICE "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND (INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE), TO THE MAXIMUM EXTENT PERMITTED BY LAW. USE OF THE NINTENDO 3DS SERVICE IS AT YOUR SOLE RISK. THIS MEANS, FOR EXAMPLE, THAT WE DO NOT GUARANTEE THAT THE NINTENDO 3DS SERVICE WILL ALWAYS WORK PROPERLY, THAT THE NINTENDO 3DS SERVICE, CONTENT OR PRODUCTS WILL BE FREE FROM VIRUSES, HACKS, OR OTHER POTENTIALLY HARMFUL INTRUSIONS, OR THAT THE NINTENDO 3DS SERVICE WILL CONTINUE TO BE AVAILABLE OR THAT IT WILL MAINTAIN ITS CURRENT FUNCTIONS. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW SUCH WARRANTY LIMITATIONS OR EXCLUSIONS, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Article 5: Limitation on Claims

If you believe you have a claim against us related to the Nintendo 3DS System or the Nintendo 3DS Service, you must take legal action within one year after the date of the alleged circumstances giving rise to the claim. Unless required by applicable law, after the one-year period expires, you may never raise that claim.

Article 6: Change, Suspension or Discontinuance of Nintendo 3DS Service

We may change, suspend, or discontinue the Nintendo 3DS Service, or any feature or aspect of the Nintendo 3DS Service, at any time, with or without notice to you, and without liability to us. This includes, but is not limited to, the availability of all or any portion of the Nintendo 3DS Service, Content, Products, the amount of funds required to redeem particular Content or Products, and the terms and conditions affecting your Shop Account.

Article 7: Limited Responsibilities and Indemnification

YOU AGREE TO WAIVE ANY AND ALL RIGHTS TO CLAIM DAMAGES OR LOSSES CAUSED TO YOU OR RELATING TO YOUR USE OF OR INABILITY TO USE THE NINTENDO 3DS SERVICE (OR TO ANYONE ELSE USING THE NINTENDO 3DS SERVICE THROUGH YOUR NINTENDO 3DS SYSTEM). YOU UNDERSTAND YOU MIGHT NEVER BE FULLY COMPENSATED FOR THAT DAMAGE OR LOSS IF WE OR ONE OF OUR THIRD PARTY CONTENT PROVIDERS, LICENSEES, LICENSORS OR SUPPLIERS (COLLECTIVELY REFERRED TO IN THIS ARTICLE 7 AS "WE" OR "US") SOMEHOW HARM YOU. THIS IS BECAUSE WE LIMIT OUR LIABILITY TO YOU (AND TO OTHERS) IN SEVERAL WAYS:

• YOUR ABILITY TO RECOVER DAMAGES OR LOSSES FROM US IS LIMITED: YOU MAY RECOVER ONLY DIRECT DAMAGES, UP TO THE TOTAL AMOUNT YOU HAVE EVER PAID TO FUND YOUR SHOP ACCOUNT. GENERALLY, DIRECT DAMAGES ARE LOSSES YOU (OR ANYONE ELSE) SUFFER AS THE IMMEDIATE RESULT OF SOMETHING SOMEONE HAS DONE WRONG.
• YOU MAY NOT RECOVER ANY OTHER TYPES OF DAMAGES, NO MATTER THE REASON. FOR EXAMPLE, SOMETIMES A COURT WILL AWARD A SPECIAL AMOUNT OF DAMAGES TO PUNISH THE PERSON AT FAULT, OR A PERSON MIGHT HAVE TO PAY FOR DAMAGES WHERE THE PERSON DID NOT DIRECTLY CAUSE HARM. YOU AGREE THAT WE WILL NEVER HAVE TO PAY PUNITIVE, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES TO YOU.
• WE ARE NOT LIABLE TO ANYONE ELSE NOR TO YOU FOR THE ACTIONS OR INACTIONS OF YOU OR ANYONE ELSE. FOR EXAMPLE, IF YOUR FRIEND IS SOMEHOW HARMED USING THE NINTENDO 3DS SERVICE OR THE NINTENDO 3DS SYSTEM, WE ARE NOT RESPONSIBLE TO YOU, YOUR FRIEND, OR ANYONE ELSE. IF ANOTHER PERSON SOMEHOW HARMS YOU WHILE USING YOUR NINTENDO 3DS SYSTEM OR NINTENDO 3DS SERVICE, WE ARE NOT LIABLE TO YOU FOR THAT OTHER PERSON’S ACTIONS.
• WE HAVE NO OBLIGATION TO YOU NOR TO ANY THIRD PARTY TO MONITOR, EDIT OR ERASE USER CONTENT, AND NO OBLIGATION TO VERIFY IN ANY WAY THE COMPLIANCE OF THE USER CONTENT WITH THIS AGREEMENT, THE NINTENDO 3DS CODE OF CONDUCT, OR OTHERWISE (INCLUDING THE LEGALITY, MORALITY AND WHETHER ANY RIGHTS UNDER THE RELATED INTELLECTUAL PROPERTY RIGHTS OR OTHER SIMILAR RIGHTS ARE GRANTED OR NOT), AND OTHER SUBSTANCE OF THE USER CONTENT, IF WE CONSIDER THAT ANY USER CONTENT IS OR MAY BE CONTRARY TO THIS AGREEMENT, WE MAY EDIT OR ERASE SUCH USER CONTENT WITHOUT GIVING YOU PRIOR NOTICE OR OBTAINING PRIOR CONSENT FROM YOU, AND YOU HAVE NO RIGHT TO RAISE ANY OBJECTION TO SUCH EDITING OR ERASURE MADE BY US. WE UNDERTAKE NO RESPONSIBILITY WITH RESPECT TO THE USER CONTENT CREATED BY THIRD PARTIES, INCLUDING YOU AND OTHER NINTENDO 3DS USERS. EVEN IF YOU SUFFER DAMAGE RESULTING FROM YOUR DISPUTE WITH OTHER NINTENDO 3DS USERS OR ANY THIRD PARTY FROM ABUSE, DEFAMATION, HARASSMENT, FRAUD OR STALKING BEHAVIOR DUE TO THE USER CONTENT CREATED BY YOU (INCLUDING, BUT NOT LIMITED TO, THAT DISPLAYING YOUR PERSONALLY IDENTIFIABLE INFORMATION), WE WILL ASSUME NO RESPONSIBILITY FOR THE RESULTING DAMAGE.

THESE LIMITATIONS ON LIABILITY APPLY TO ALL MATTERS RELATING TO THE NINTENDO 3DS SERVICE AND THE NINTENDO 3DS SYSTEM, INCLUDING YOUR USE OF THE NINTENDO 3DS SERVICE AND YOUR USE OF CONTENT OR PRODUCTS THAT DO NOT SPECIFY OR LIMIT LIABILITY. THESE LIMITATIONS ALSO APPLY TO ANY LEGAL OR EQUITABLE THEORY, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT. PLEASE NOTE, HOWEVER, THAT SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS LIKE THESE, SO THESE LIMITS ON OTHER DAMAGES MAY NOT FULLY APPLY TO YOU.

If we or our Third Party Content Providers, licensees, licensors or suppliers are subject to any actual or threatened claims, costs, damages, losses, or liabilities (collectively, "Covered Losses") relating to your use of the Nintendo 3DS System, Nintendo 3DS Service, Content, User Content, or any Third-Party Data you submit, post, transmit, receive, or make available through the Nintendo 3DS Service or your Nintendo 3DS System, then you agree to indemnify us (and our Third Party Content Providers, licensees, licensors, and suppliers and any of our employees) from all of the Covered Losses and costs related to such Covered Losses, including our attorneys’ fees.

Article 8: Expiration and Termination of Agreement

• You may cancel your Shop Account by contacting our consumer service department by calling toll free, 1-800-255-3700 or by following the instructions in the Nintendo 3DS Shop. If your Shop Account is canceled or terminated for any reason, you will no longer be able to use the Nintendo 3DS Shop and you will lose access to all Content that you purchased or otherwise received through the Nintendo 3DS Shop and access to your Shop Account balance.
• You may terminate this Agreement by removing Content from your Nintendo 3DS System, discontinuing use of the Nintendo 3DS Service.
• We may terminate this Agreement, or any portion thereof, at any time, for any reason whatsoever. Such termination will, however, void any licenses granted by us to you under this Agreement and may prevent your use of the Nintendo 3DS Service.
• If your Shop Account is closed or terminated by you or us for any reason, you will have to contact Nintendo consumer service by calling toll free 1-800-255-3700 to request any remaining prepaid balances in your Account be provided to you on Nintendo prepaid card or be transferred to your new Shop Account, at Nintendo’s discretion. Unless required by applicable law, Nintendo is not obligated to refund the balance in your Shop Account to you in cash.
• In the event this Agreement is terminated or canceled, the following sections will remain in effect: Grant of License; Restrictions on Use (last paragraph only) Unauthorized Software, Services or Devices; Shop Account Balances; Third Party Content Providers; Intellectual Property; Hosting, Emulating, Intercepting, and Reverse-Engineering Prohibited; Disclaimer of Warranties; Limitation on Claims; Limited Responsibilities and Indemnification; Expiration and Termination of this Agreement; Consumer Services/Notices; Governing Law, Legal Jurisdiction and Interpretation of Agreement; and Definitions. In addition, any license that you granted to us in connection with your use of the Nintendo 3DS System or Nintendo 3DS Service will continue in force.

Article 9: Current Agreement and Updates

We may change the terms and conditions of this Agreement, the 3DS Code of Conduct, or the Nintendo 3DS Privacy Policy, at any time. A current version of these documents will be available on the Internet at http://support.nintendo.com. If you do not have Internet access, you may request our consumer service department to send you the current versions, free of charge. We will post notice on http://support.nintendo.com if the Agreement is changed at least 5 days before you will be bound by the changes. If you do not agree to these changes, you must cancel your Nintendo 3DS Service in accordance with this Agreement.

Article 10: Sale, Transfer and Assignment

You may not assign all or any part of this Agreement or sell or transfer any Content or your Shop Account to any third party. Any attempt by you to do so is void.

If you sell or give away your Nintendo 3DS System, your license to use the Nintendo 3DS Service will terminate. If you allow any third party to access your Shop Account, whether in the context of a sale of your Nintendo 3DS System or otherwise, you are responsible for such transactions and we are authorized to debit the prepaid balance in your Shop Account for any purchase transactions made by that third party.

You must clear all Content, Third-Party Data, and any other sensitive or personal information stored on your Nintendo 3DS System prior to selling, giving or otherwise transferring your Nintendo 3DS System. If you acquire a used Nintendo 3DS System, you must clear, and may not use, any of this data if still on the Nintendo 3DS System when you acquire it, or any remaining balance in any Shop Account. You can consult the Nintendo 3DS Operations Manual or contact our consumer service department at 1-800-255-3700 on how to clear your Nintendo 3DS System.

Article 11: Consumer Service/Notices

To contact our consumer service department regarding this Agreement, you may: (i) send an email to useragreement@noa.nintendo.com; (ii) send a letter to Nintendo of America Inc., Attn: User Agreement, 4600 150th Ave NE, Redmond, WA 98052 USA; or (iii) call, toll free, 1-888-977-7627. Your communications with our consumer service department will not constitute legal notice where required by this Agreement or by law.

For all other legal matters, such as to file a claim against us, you must contact or notify us in writing at: Nintendo of America Inc., Attn: General Counsel, 4600 150th Ave NE, Redmond, WA 98052.

Nintendo may issue or give its notice, approval or other communication in relation to the Nintendo 3DS Service using any method in its discretion, including by posting it on its website (http://www.nintendo.com). In addition, Nintendo may electronically send such notice, approval or other communication to your Nintendo 3DS. Such notice shall be deemed received by you when it is posted or transmitted. Nintendo will not be responsible or liable for any and all damage or loss suffered by you if the communication does not arrive or is delayed.

Article 12: Governing Law, Legal Jurisdiction, and Interpretation of Agreement

This Agreement and any claims arising under it is governed by the laws of the State of Washington, USA, without reference to conflict of laws principles. If you want to sue us with respect to a claim related to this Agreement or the use of the Nintendo 3DS Service, your lawsuit must be brought in King County, Washington, USA, and you consent to the jurisdiction of courts located there. You agree that if any part of this Agreement is determined to be invalid or unenforceable, that part will no longer apply and will be considered replaced by an enforceable provision that most closely reflects the original intent of the parties, but all other parts of the Agreement will remain in effect. If we choose not to enforce a provision of the Agreement, you agree that we are not waiving our right to do so in the future.

Article 13: Definitions

"Active Mode" means the mode during normal operations of your Nintendo 3DS.

"Content" means the software, services, material and other data which we or our Third Party Content Providers own or have the right to use, distribute or sublicense, and which we or our Third Party Content Providers send to, or make available as a download through, the Nintendo 3DS System or the Nintendo 3DS Service, but excludes User Content and various commercial and non-commercial content provided on the Internet web sites operated by third parties.

"Friend" means a user of another Nintendo 3DS System (and at our option, any Nintendo platform), with whom you have exchanged friend cards or friend codes.

"Mii" means a customizable, electronic character that you can create and that you can use in compatible games, attach to messages and share with others through the Nintendo 3DS Service.

"Nintendo 3DS Service" means the service whereby we can (i) distribute Content, messages (including commercial and non-commercial messages) and other data to your Nintendo 3DS System, (ii) link you to an Internet site or our Nintendo Wi-Fi Connection service, (iii) allow you to play games wirelessly and send and receive Content, messages (including commercial and non-commercial messages), and other data, including Third-Party Data, using your Nintendo 3DS System. The "Nintendo 3DS Service" includes, but is not limited to, the Nintendo 3DS Shop, StreetPass Communications, and Nintendo Zones.

"Nintendo 3DS Shop" means our online Nintendo 3DS System’s store, and any separate Third Party Content Provider store that we may establish, which offers such things as pre-paid cash balance purchase, Content, Products, and a download service.

"Nintendo 3DS System" means the handheld device (including embedded software and accessories) sold and marketed by Nintendo under the Nintendo 3DS brand, including any succeeding devices and compatible devices.

"Nintendo 3DS Transfer Tool" is an application allowing you to transfer certain data and content from one Nintendo DSi System to a Nintendo 3DS System.

"Nintendo IP" means all intellectual property, including but not limited to trademarks, copyrights, moral rights, inventions, patents, trade secrets, know-how and other confidential and proprietary information which we developed, own or have a license to use.

"Nintendo Pre-paid Card" means a prepaid card sold at retail shops that enables you to add the amount of funds denominated on the card to your Shop Account.

"Nintendo Zone" means a hotspot or download station that allows you to access Content, Third-Party Data, and other services.

"Products" means any goods other than Content that are made available for purchase from us or from our Third Party Content Providers through the Nintendo 3DS Shop.

"Shop Account" means an account on your Nintendo 3DS System which you set up and use in connection with the Nintendo 3DS Shop.

"Sleep Mode" means a low power mode of your Nintendo 3DS System when the processor is inactive and nothing is displayed on the LCD screen of your Nintendo 3DS System.

"StreetPass Communications" means the wireless communication during Active Mode and Sleep Mode between (a) two Nintendo 3DS Systems that come within range of each other or (b) between a Nintendo 3DS System and a StreetPass Communication Point.

"StreetPass Communication Point" means a wireless LAN access point that sends to, receives from and exchanges with your Nintendo 3DS System content via StreetPass Communications.

"System Transfer" is an application allowing you to transfer certain data and content from one Nintendo 3DS to another one through Internet communication or local wireless communication.

"Third Party Content Provider" means a third party provider of Content or Products with whom we have entered into a business relationship in order to make available to you its Content or Products through the Nintendo 3DS Shop.

"Third-Party Data" means Content (other than that provided by a Nintendo entity) or other software, services, material, messages (including commercial and non-commercial messages), links to Internet sites, User Content, and other data either created by, or sent to, your Nintendo 3DS System through the Nintendo 3DS Service by any non-Nintendo entity or person (including Third Party Content Providers and you).

"User Content" means comments, messages, images, photos, movies, information, data and other content (which include the Nintendo 3DS user names, Mii, Mii nicknames, names of creators, and other names) which are created by, or licensed to Nintendo 3DS users including you, which will be used by Nintendo 3DS users including you in connection with the Nintendo 3DS Service.

"User Content Restriction System" means a system that (a) restricts you from receiving or sending certain User Content created by or from other users of a Nintendo 3DS System or (b) operates to prevent any User Content from being spread in such manner and within such scope as determined by Nintendo.

Nintendo 3DS Code of Conduct

This Nintendo 3DS Code of Conduct outlines the rules that you must follow to participate in the Nintendo 3DS Service. These rules are designed to keep the Nintendo 3DS Service a friendly and safe environment.

The Nintendo 3DS Code of Conduct may be found at http://support.nintendo.com and may be revised by us at anytime. If you do not have Internet access, please contact Nintendo Consumer Service by (i) sending a letter to Nintendo of America Inc., Attn: Nintendo 3DS Code of Conduct, 4600 150th Ave NE, Redmond, WA 98052 USA; or (ii) calling, toll free, 1-888-977-7627, and they will mail you a current version of the Nintendo 3DS Code of Conduct, free of charge. All capitalized terms not defined in this Nintendo 3DS Code of Conduct will have the meaning set forth in the Nintendo 3DS Service User Agreement.

1. Your use of the Nintendo 3DS is subject to this Nintendo 3DS Code of Conduct, which prohibits all harmful, illegal or otherwise offensive conduct, including, but not limited to the following:

   • Misrepresenting, impersonating, abusing, stalking, threatening or harassing any person or company, including, but not limited to other users, Nintendo, and/or its employees, moderators, or staff.
   • Doing anything illegal, discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous or otherwise objectionable in connection with the Nintendo 3DS System or Nintendo 3DS Service.
   • Making, disseminating, sharing or playing unauthorized copies of games, music or images on the Nintendo 3DS System. This activity is illegal!
   • Making new versions of existing Content or Products.
   • Trying to modify or gain access to another person’s Nintendo 3DS System or Nintendo 3DS Service without permission or trying to modify or gain access to any of Nintendo’s computers, hardware or networks used to provide the Nintendo 3DS Service or any feature of the Nintendo 3DS System.
   • Cheating in a game, unless such cheats have been deliberately enabled.
   • Hosting, intercepting, emulating, reverse engineering or redirecting the communication protocols used by Nintendo as part of the Nintendo 3DS System or Nintendo 3DS Service, regardless of the method used to do so.
   • Engaging in any commercial activity using the Nintendo 3DS System or any other activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of a Nintendo 3DS System, including the Nintendo 3DS Service or networks connected to the Nintendo 3DS Service.
   • Accessing or attempting to access another person’s Nintendo 3DS System, including, but not limited to a person’s Nintendo 3DS Shop Account without permission or trying to modify, destroy or lose information from, copy or access any third party’s, including, but not limited to Nintendo’s computers, hardware or networks.
   • Uploading, posting, emailing, transmitting or otherwise making available: (a) any content that you do not have a legal right to make available; (b) any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party; (c) any unsolicited or unauthorized advertising or promotional materials (e.g. "spam"); (d) information which personally identifies you or any third party; (e) content to which you have disguised the origin; or (f) content that is obscene, unlawful or prohibited from publication in your jurisdiction, including but not limited to publishing news, stories or pictures associated with a third party.

2. Nintendo is not responsible for, and to the fullest extent permitted by law, will not accept liability for, anything you say or anything that happens on the Nintendo 3DS System and Nintendo 3DS Service or as a result of your use of the Nintendo 3DS System and Nintendo 3DS Service; you alone are responsible.
3. Virtual Property. Some games or other content may have certain features that may be traded with other Nintendo 3DS users. For example, a game might give you the ability to create a character that gathers objects (like a car or gold coins) and has certain characteristics (like a special ability or appearance). These features are sometimes called "virtual property." Nintendo (or its licensors) own this virtual property, and you may not sell, trade, assign, license, or otherwise convey virtual property for real money.
4. Nintendo reserves the right to immediately terminate, block or suspend, in whole or in part, your use of the Nintendo 3DS Service or any feature of the Nintendo 3DS System for, in Nintendo’s sole discretion, any violation of this Nintendo 3DS Code of Conduct. Nintendo reserves the right to contact and cooperate with any law enforcement agencies, government officials or Internet Service Providers, as Nintendo believes in its sole discretion, is necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law.

Nintendo 3DS System Privacy Policy

Last Updated: November 1, 2011

Nintendo is dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect. By accepting the Nintendo 3DS Service User Agreement, you consent to and accept this Nintendo 3DS System Privacy Policy ("Privacy Policy"). This Privacy Policy describes, among other things, the types of information collected about you by Nintendo when you use the Nintendo 3DS System, the Nintendo 3DS Service, Software, and Content; how your information may be used; when it may be disclosed; how you can control the use and disclosure of your information; and how your information is protected. This Privacy Policy applies only to information collected from your Nintendo 3DS System by Nintendo of America Inc. or its parent company, Nintendo Co., Ltd. (individually and collectively, "Nintendo"). Information that you may submit to Nintendo through any of its Web sites or any other Nintendo product or service is subject to the applicable privacy policy posted at support.nintendo.com. This Privacy Policy should be read in conjunction with the Nintendo 3DS Service User Agreement and Code of Conduct. All capitalized terms not defined in this Privacy Policy will have the meaning set forth in the Nintendo 3DS Service User Agreement.

CHANGES TO THIS PRIVACY POLICY

We may revise and update this Privacy Policy from time to time. Please review the most recent version of this policy frequently by going to support.nintendo.com or contacting us at 1-888-977-7627 or e-mailing us at privacypolicy@noa.nintendo.com . When we update this Privacy Policy, we will revise the "Last Updated" date above.

INFORMATION COLLECTED

Personally Identifiable Information."Personally Identifiable Information" or "PII" is information that identifies you as an individual, such as your full name, address, telephone number, or email address. We only collect PII that you provide to us. For example, the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content may enable you to provide User Content that may contain PII. If you choose not to provide us with certain PII, you will be able to continue using your Nintendo 3DS System, Nintendo 3DS Service, Software, and Content, except that your use of features or applications that require the disclosure of certain PII may be limited or unavailable.

We may add to or update the PII you provide through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content with data collected from other sources, including offline sources (e.g., consumer service transactions such as repairs, part orders or purchases). If we combine information collected offline with information collected through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content the combined PII will be treated in accordance with this Privacy Policy.

Non-Personally Identifiable Information. In addition to the PII you provide to us, we may collect Non-Personally Identifiable Information from you. "Non-Personally Identifiable Information" or "Non-PII" is information that does not identify you as an individual. This includes information such as your Mii profile information, age, gender, geographic area, game play data, online status, Nintendo 3DS System serial number and device ID, device certificate information, cookies, Friend Codes, wireless access point information, Internet Protocol ("IP") address, and Media Access Control ("MAC") address. We may link your PII with Non-PII or Aggregate Information that we collect from you. Some of the ways in which we collect Non-PII are described in more detail below.

• Web Beacons: The Nintendo 3DS System, Nintendo 3DS Service, Software, or Content may use a common Internet technology called "Web Beacons" which are small graphic images placed on a Web page, on a Web-based document, or in an email message, designed to collect certain information and monitor user activity online. We may use Web Beacons to collect information such as IP address, MAC address, the URL of the page the Web user comes from, and the time the Web Beacon is activated (such as when you view the Web page, advertisement, or email containing the Web Beacon). We may use the information collected through Web Beacons, for example, to determine how to improve the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content by seeing which areas, features, and products are most popular; to personalize the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content and make recommendations based on downloaded products; and to complete transactions you have requested.
• Cookies: Certain Nintendo 3DS System online applications may use cookies, which are small text files that a Web site places on your Nintendo 3DS System. These files identify your Nintendo 3DS System and record data about your visit so that when you return to a Web site, the site recognizes your Nintendo 3DS System and can personalize your visit. Cookies may be linked to your transaction history, online game play or other information. We may use information collected by cookies, as well as other tools such as log files and Web Beacons, for example, to determine how to improve the Nintendo 3DS System applications by seeing which areas, features, and products are most popular; to personalize the Nintendo 3DS System services; make recommendations based on downloaded products; and to complete transactions you have requested.
• Nintendo Wireless Communications: Your Nintendo 3DS System is automatically assigned an IP address by your Internet Provider when you connect to Nintendo via wireless communications. Nintendo receives a log file of your activities that may include, for example, your IP address, MAC address, cookie information, transaction data, settings and download activity. We may use these log files, for example, to monitor traffic on our Web sites, to facilitate your use of the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content, and to troubleshoot technical problems. If you do not want Nintendo to collect this information, you should turn off wireless communications on your Nintendo 3DS System.

Aggregate Information. We also may collect and aggregate certain information about our users’ game play, age, gender, search terms, clickstreams, and purchases for the purposes of advertising and improving the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content. "Aggregate Information" is Non-PII that is combined with the Non-PII of other users.

HOW INFORMATION IS USED

We may collect PII, Non-PII, and Aggregate Information from you through your Nintendo 3DS System in order to: (i) fulfill your requests for products, services, and information, including to send you commercial and non-commercial messages and to process orders you have placed through your Nintendo 3DS System; (ii) contact you in connection with games, contests, sweepstakes, surveys, promotional materials, and product changes; (iii) facilitate your use of the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content, such as StreetPass Communications and communications with other users; (iv) customize the content, features, and advertising available through the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content such as your Nintendo 3DS Shop catalog and other catalogs; (v) set up repair orders and respond to other consumer service inquiries; (vi) provide you back-end services, such as system updates, system messages, and free games, applications, trials, and content; (vii) analyze the use of the Nintendo 3DS Service, Software, Content, and information about our users for demographic studies, quality assurance and to understand and improve our service offerings; (viii) facilitate demographic studies and quality assurance; (ix) prevent potentially illegal or offensive activities or to enforce our rights or the rights of our users; and (x) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

DISCLOSURE OF INFORMATION

We may facilitate the disclosure of PII, Non-PII and Aggregate Information when you use the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content. For example, information such as your Mii name, Mii profile information, online status, Mii greeting, and other User Content or game play information may be displayed to other users when you use the online features of the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content.

• Third Parties. We may share PII, Non-PII, and Aggregate Information with our vendors to help us perform various functions necessary to operate our business or fulfill your requests (for example, completing downloads or purchases, developing and executing marketing campaigns, etc.). We also may share such information and any User Content you create with third parties. We may share your PII, Non-PII, and Aggregate Information with third parties to complete your transactions and provide you with advertising and other promotional materials through your Nintendo 3DS System, Nintendo 3DS Service, Software, or Content.
• StreetPass Communications. Certain Nintendo 3DS Service, Software, and Content allow other Nintendo 3DS System users to automatically contact and interact with you. The StreetPass Communications feature allows PII, Non-PII and User Content that you have provided or that is stored on your Nintendo 3DS System to be shared automatically with other Nintendo 3DS System users via a wireless connection, the Nintendo Zone or a StreetPass Communication Point. You understand that you have no expectation of privacy in the information or User Content shared via StreetPass Communications. When StreetPass Communications are enabled on your Nintendo 3DS System, you may not only receive User Content from other users but advertising or other promotional materials from Nintendo and third parties. You may disable this feature at any time through the Nintendo 3DS System settings.
• Friends. In addition, you may add Friends to your Nintendo 3DS Friend list by exchanging friend codes or friend cards. Through the Nintendo 3DS Friend list and Friend messaging features, certain information that you have provided or that is stored on your Nintendo 3DS System, such as your Mii name, Mii profile information, Mii greeting, online status, rankings, and other User Content or game play information, may be shared with your Nintendo 3DS Friends.
• Legal and Business Purposes. We may disclose PII in order to comply with legal process, to respond to claims or inquiries, or to protect the rights, property or personal safety of Nintendo, our users, or the public. Information about our users, including PII, may be disclosed as part of any sale or transfer of company assets, if permitted by and done in accordance with applicable laws. We also may disclose your PII for any other purposes pursuant to your consent.

You are responsible for any User Content or PII that you share through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content. Please be aware that other Nintendo 3DS System users may be able to store, modify, or share with third parties information that you provide them through your Nintendo 3DS System.

MARKETING AND ADVERTISING

We may collect and use your PII, Non-PII, or Aggregate Information for marketing purposes, including the delivery of advertising and other promotional materials to you through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content. For example, we might deliver messages to your Nintendo 3DS System that offer discounts on Nintendo games or products. You may be able to opt-out of receiving these messages through the Nintendo 3DS System settings or as otherwise described to you in the marketing message.

NINTENDO ZONE

We may collect and use your PII and Non-PII to notify you when you are close to a Nintendo Zone. If you choose to access a Nintendo Zone, we may use your PII and Non-PII, for example, to facilitate your access to Software and Content. In addition, third parties may collect PII that you provide to them and Non-PII through the Nintendo Zone.

LINKING ACCOUNTS

You may link your Nintendo 3DS Shop Account to your Club Nintendo account to receive personalized content and to participate in a variety of activities, promotions and programs. By linking your Club Nintendo account to your Nintendo 3DS Shop Account, you consent to having any PII you enter on your Club Nintendo account linked to your Nintendo 3DS Shop Account. You may unlink these accounts in the Settings section of the Nintendo 3DS Shop.

THIRD-PARTY WEB BEACONS AND COOKIES

In the event you visit a third party’s Web site through the Internet browser on the Nintendo 3DS System, or you choose to view an ad delivered by a third party, such as those made available through the Nintendo Zone, those Web sites or ads may also contain tools such as cookies and Web Beacons which may be accessible to such third party to collect information about your online browsing. These third parties also may use ad networks, ad servers, ad exchanges, or other third parties that may collect information when you view or interact with advertisements or Web sites across the Internet in an effort to understand your interests and deliver you advertisements tailored to your interests. Nintendo does not have access to the information these third parties may collect about your interests to deliver relevant advertising to you, and the information practices of these third parties are not covered by this Privacy Policy. We strongly recommend that you refer to the privacy policies of these third parties to learn more about how they may collect, use, and disclose your information.

GAMES, APPLICATIONS, ADVERTISING, AND CONTENT PROVIDED BY THIRD PARTIES

You may disclose PII and Non-PII to third parties when you use the Nintendo 3DS System to play third-party games, use third-party applications, view third-party advertisements, or visit third-party Web sites. We are not responsible for the privacy practices of these third parties, and we recommend that you review their privacy policies before submitting any information.

ATTENTION PARENTS OR LEGAL GUARDIANS: PROTECTING CHILDREN’S PRIVACY

Nintendo is committed to protecting your child’s privacy. The Nintendo 3DS System is directed to a general audience, but where Nintendo has actual knowledge that a user is under the age of 13, Nintendo complies with the U.S. Children’s Online Privacy Protection Act ("COPPA"), which governs how operators of websites and online services collect, use, and disclose PII from children under the age of 13 on the Internet.

You can find information about how we collect, use, and disclose PII from users, including children under 13 years of age, in the sections above titled INFORMATION COLLECTED, HOW INFORMATION IS USED, DISCLOSURE OF INFORMATION, MARKETING AND ADVERTISING, and NINTENDO ZONE. You have the option of consenting to Nintendo’s collection and use of your child’s PII without consenting to the disclosure of that information with third parties. In addition, Nintendo is prohibited from conditioning your child’s participation in an activity on the child’s disclosing more personal information than is reasonably necessary to participate in such activity.

You may review and have deleted your child’s PII, and refuse to permit further collection or use of your child’s PII, by contacting the Nintendo 3DS Privacy Policy Administrator via email at privacypolicy@noa.nintendo.com, by phone at 1-888-977-7627, or by regular mail at Nintendo of America Inc., Attn: Online Privacy Policy Administrator, 4600 150th Avenue NE, Redmond, WA 98052, U.S.A. Before responding to your request to review PII collected from your child, Nintendo may require that you follow reasonable procedures to help verify your identity as the child’s parent and may deny any request that fails to follow these procedures. If you choose to have your child’s PII deleted or refuse to permit further collection or use of your child’s PII, your child will be able to continue using the Nintendo 3DS System, except your child’s use of certain features of the Nintendo 3DS Service, Software, and Content that require the disclosure of certain PII may be limited or unavailable.

Please note that third-party game publishers, application providers, and content providers may collect, use, and disclose your child’s personal information through the Nintendo 3DS System when your child uses the third-party’s Software or Content. Nintendo is not responsible for the privacy practices of these third parties, and we recommend that you review their privacy notices before your child provides or exchanges any PII through third-party Software or Content.

We strongly recommend that you supervise your children’s use of the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content at all times. You can restrict your children’s use of certain features of the Nintendo 3DS System by setting up the Nintendo 3DS Parental Controls. For a detailed description of the Nintendo 3DS System wireless communication features and Parental Controls, please see the Nintendo 3DS System Operations Manual included with your Nintendo 3DS System. This Operations Manual is also available at support.nintendo.com.

SECURITY

We have established reasonable safeguards to help ensure the security, integrity and privacy of the PII submitted or collected from the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content. We also have implemented reasonable security measures to help protect information under our control against loss, misuse or alteration. While we strive to safeguard your PII, no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

Please note that information collected by third parties, including a Third Party Content Provider, may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.

If you install unauthorized applications or content on your Nintendo 3DS System or make unauthorized modifications to the Nintendo 3DS System, your PII may be compromised. Nintendo is not responsible for any data collection, use or disclosure from any Nintendo 3DS System with unauthorized applications or applications installed.

OPTING-OUT OF INFORMATION COLLECTION

You may use the Nintendo 3DS System without disclosing PII; however, some features and applications may not be available to you. You can opt-out of the collection of PII by turning off wireless communications on your Nintendo 3DS System. You also may be able to opt-out of some types of information collection through the Nintendo 3DS System settings and Parental Controls.

DISABLING AND REMOVING INFORMATION STORED ON YOUR NINTENDO 3DS SYSTEM

Certain PII about you that you disclose when communicating with third parties or using your Nintendo 3DS System may be stored on your Nintendo 3DS System. For your protection, before selling or otherwise transferring your Nintendo 3DS System, please be sure to remove all stored information on your Nintendo 3DS System. For instructions on how to remove this information, please see the Internet Setup section of your Nintendo 3DS System Operations Manual or contact a Nintendo consumer service representative.

If you transfer data to a Nintendo 3DS System using the System Transfer or Nintendo 3DS Transfer Tool features, any PII or Non-PII included in such data will be transferred as part of this process.

INTERNATIONAL USERS

Any information you provide or that is collected through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content may be stored and processed in the United States or any other country in which we or our affiliated companies, vendors or agents maintain facilities. As such, PII may be accessed by foreign governmental authorities and otherwise in accordance with applicable laws. By using the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content you consent to such storage and processing. We abide by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. However, this Privacy Policy is intended to meet the laws and requirements of the United States and those of Canada and Latin America, which may not be the same as the laws and regulations of your home country. If you are not located in the United States, Canada or Latin America please go back to the country selection screen and select an appropriate country so that you will be aware of the policies that apply to you.

CONTACT US WITH YOUR PRIVACY QUESTIONS, COMMENTS OR CONCERNS

If you have any questions, complaints or comments regarding this Privacy Policy, the data collected from you or our practices, please contact the Nintendo 3DS Privacy Policy Administrator via email at privacypolicy@noa.nintendo.com, by phone at 1-888-977-7627, or by regular mail at Nintendo of America Inc., Attn: Online Privacy Policy Administrator, 4600 150th Avenue NE, Redmond, WA 98052, U.S.A.

For U.S. and Canada residents only: Nintendo is a licensee of the Entertainment Software Rating Board’s Privacy Online Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy/contact.jsp, ESRB Attn: Privacy Online Program, 317 Madison Avenue, 22nd Floor New York, NY 10017, U.S.A. or privacy@esrb.org.

Nintendo 3DS - Health and Safety Precautions

Important Safety Information - Read the following warnings before setup or use of the Nintendo 3DS system. If this product will be used by young children, this manual should be read and explained to them by an adult. Failing to do so may cause injury. Please carefully review the instruction booklet for the game you are playing for additional health and safety information.

Please scroll down to read the entire document.

WARNING - 3D FEATURE ONLY FOR CHILDREN 7 AND OVER
Viewing of 3D images by children 6 and under may cause vision damage.
Use the Parental Control feature to restrict the display of 3D images for children 6 and under. See the Parental Controls section in this manual for more information.

 

WARNING - Seizures
• Some people (about 1 in 4000) may have seizures or blackouts triggered by light flashes or patterns, and this may occur while they are watching TV or playing video games, even if they have never had a seizure before.
• Anyone who has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should consult a doctor before playing a video game.
• Parents should watch their children play video games. Stop playing and consult a doctor if you or your child has any of the following symptoms:

  Convulsions	Eye or Muscle Twitching	Loss of Awareness
  Altered Vision	Involuntary Movements	Disorientation

• To reduce the likelihood of a seizure when playing video games:
  1. Sit or stand as far from the screen as possible.
  2. Play video games on the smallest available television screen.
  3. Do not play if you are tired or need sleep.
  4. Play in a well-lit room.
  5. Take a 10 to 15 minute break every hour.

 

WARNING - EYESTRAIN AND MOTION SICKNESS
Playing video games can result in eyestrain after a sustained period of time, and perhaps sooner if using the 3D feature. Playing video games can also result in motion sickness in some players. Follow these instructions to help avoid eyestrain, dizziness, or nausea:

• Avoid excessive play. It is recommended that parents monitor their children for appropriate play.
• Take a 10 to 15 minute break every hour, or every half hour when using the 3D feature, even if you don’t think you need it. Each person is different, so take more frequent and longer breaks if you feel discomfort.
• If your eyes become tired or sore while playing, or if you feel dizzy or nauseated, stop and rest for several hours before.
• If you continue to have any of the above symptoms, stop playing and see a doctor.

 

WARNING - Repetitive Motion Injuries
Playing video games can make your muscles, joints or skin hurt. Follow these instructions to avoid problems such as tendinitis, carpal tunnel syndrome or skin irritation:

• Avoid excessive play. Parents should monitor their children for appropriate play.
• Take a 10 to 15 minute break every hour, even if you don't think you need it.
• When using the stylus, you do not need to grip it tightly or press it hard against the screen. Doing so may cause fatigue or discomfort.
• If your hands, wrists, arms or eyes become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again.
• If you continue to have any of the above symptoms or other discomfort during or after play, stop playing and see a doctor.

 

WARNING - Battery Leakage
The Nintendo 3DS system contains a rechargeable lithium ion battery pack. Leakage of ingredients contained within the battery pack, or the combustion products of the ingredients, can cause personal injury as well as damage to your Nintendo 3DS system. If battery leakage occurs, avoid contact with skin. If contact occurs, immediately wash thoroughly with soap and water. If liquid leaking from a battery pack comes into contact with your eyes, immediately flush thoroughly with water and see a doctor.

To avoid battery leakage:

• Do not expose battery to excessive physical shock, vibration, or liquids.
• Do not disassemble, attempt to repair or deform the battery.
• Do not dispose of battery pack in a fire.
• Do not touch the terminals of the battery, or cause a short between the terminals with a metal object.
• Do not peel or damage the battery label.

WARNING - Radio Frequency Interference
The Nintendo 3DS system can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers.

• Do not operate the Nintendo 3DS system within 9 inches of a pacemaker while using the wireless feature.
• If you have a pacemaker or other implanted medical device, do not use the wireless feature of the Nintendo 3DS system without first consulting your doctor or the manufacturer of your medical device.
• Observe and follow all regulations and rules regarding use of wireless devices in locations such as hospitals, airports, and on board aircraft. Operation in those locations may interfere with or cause malfunctions of equipment, with resulting injuries to persons or damage to property.

 

IMPORTANT: The Nintendo 3DS allows you to disable wireless communications. Select SYSTEM SETTINGS from the Nintenod DSi Menu, then select WIRELESS COMMUNICATIONS and OFF to disable this feature.

Refer to the separate Nintendo 3DS Hardware Precautions and Maintenance information for additional information on hardware and software precautions and maintenance.