PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE AND/OR DS. BY USING THE SERVICE AND/OR DS, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.
It is important that you do your part to keep the Service a friendly and clean environment. In particular, you may not use the Service to:
Further, you agree not to post, reveal or otherwise make available any personal information, such as your real name, birth date, age, location, e-mail address or any other personally identifiable information ("Personal Information"), on or through the Service, as any Personal Information provided by you may be visible to others.
All User Content posted on, transmitted through, or linked from the Service, whether or not solicited by Nintendo (collectively, "Submissions"), is the sole responsibility of the person from whom such Submissions originated. Nintendo is not obligated: (a) to maintain any Submissions in confidence; (b) to store or maintain the Submissions, electronically or otherwise, (c) to pay any compensation for any Submissions or any use thereof; or (d) to respond to any user in connection with or to use any Submissions. Nintendo shall not be liable for any use or disclosure of any Submissions.
Disclaimer of Warranty; Limitation of Liability; Indemnification
THE SERVICE AND THE NINTENDO CONTENT, USER CONTENT, DATA OR SOFTWARE AVAILABLE THROUGH IT (COLLECTIVELY, THE "CONTENT") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE, INCLUDING ALL CONTENT, DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH IT, IS AT YOUR SOLE RISK AND NINTENDO ASSUMES NO RESPONSIBILITY FOR THE CONTENT OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING. WE DO NOT GUARANTEE THE CONTENT ACCESSIBLE OR TRANSMITTED THROUGH, OR AVAILABLE FOR DOWNLOAD FROM THE SERVICE WILL REMAIN CONFIDENTIAL OR IS OR WILL REMAIN FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NINTENDO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND ALL CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
NINTENDO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF NINTENDO OR A USER'S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL NINTENDO OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICE OR ANY CONTENT CONTAINED THEREON, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR USE OR OTHER INTANGIBLES, EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Nintendo and its service providers from and against all liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, arising from: (1) any violation of this Agreement by you; (2) your violation of any rights of a third party; (3) your violation of any applicable law or regulation; (4) information or content that you submit, post, transmit or make available through the Service, or (5) your use of the Service or the DS.
Access to Third Party Content
Through your access to the Service, you may obtain, or third parties may provide, access to other World Wide Web resources where you may be able to upload or download content, data or software. Because Nintendo has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on such sites or through such resources. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other Personal Information) you may provide to any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content.
As part of the Service, Nintendo may provide you with access to and use of a friend roster where you may store user IDs provided to you by others ("Friend Roster"). We cannot and do not represent the security of the contents of such Friend Roster from unauthorized third parties. Transfer or disposal of your DS, or failure to safeguard your DS from loss or misuse, may lead to unauthorized access to and use of your Friend Roster. In addition, unauthorized persons may gain access to one or more Friend Rosters that contain your information without your knowledge. Nintendo will not monitor use of or access to individual Friend Rosters and it is your responsibility to monitor your interactions with other users of the Service.
Disclaimer of Responsibility for User Content and Submissions
We have the right, but are not obligated, to strictly enforce this Agreement through self-help, active investigation, litigation and prosecution. Nintendo does not warrant, verify or guarantee, and is not liable for, the quality, accuracy or integrity of any User Content or Submissions that you may access. However, we reserve the right to, at our sole discretion, remove, take down, destroy or delete any User Content or Submissions at any time and for any reason. We may access, use and disclose any Submissions or User Content transmitted by you via or in connection with the Service, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to protect our rights or property, or to protect users of the Service from fraudulent, abusive, or unlawful use of the Service. Any use of the Service in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Service.
This Agreement constitutes the entire agreement between you and Nintendo and governs your use of the Service, superseding any prior agreements between you and Nintendo with respect to use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Nintendo's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. By using the Service, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Nintendo. If any of the terms of this Agreement shall be deemed invalid, void or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Nintendo may terminate this Agreement, or terminate or suspend your access to the Service at any time, with or without cause, with or without notice.
Nintendo of America Online Privacy Administrator, 4820 150th Ave NE, Redmond, WA, 98052.