Nintendo knows that privacy is important to you. Our privacy notices describe how we collect, use and disclose information from our users. We recommend you review our privacy notices before using our products and services.

Please choose from the topics on the left.

Please choose from the documents on the left.

Please choose from the documents on the left.

Please choose from the topics on the left.

Please choose from the topics on the left.

Please choose from the topics on the left.

Please choose from the topics on the left.

Please choose from the topics on the left.

Please choose from the topics on the left.

Last Updated: July 2, 2015

Nintendo knows that privacy is important to you. This Privacy Notice describes how we collect, use, disclose, store and protect your information. By using a Nintendo product or service you are accepting the practices described in this Privacy Notice.

1. YOUR INFORMATION

Information you provide to us. We collect information that you provide to us when you use our products and services or anytime you are in contact with us. Some types of information you may provide include:

• Registration information that you may be required to provide when you sign up to use our services, including your name, address, telephone number, and email address;
• Login information that you use to sign in to our services, such as your username and password;
• Demographic information about you, including your age, gender, hobbies, interests, and country of residence;
• Payment information that you submit, including your credit card number, expiration date, and credit card security code, where needed to complete a transaction you have initiated;
• Messages, photos, videos, drawings, audio recordings and other information shared by you through the interactive features of our products and services;
• Correspondence you send directly to us; and
• Information you provide to us offline (through, for example, regular mail, in-person sweepstakes entry forms, and consumer service transactions such as repairs, part orders and direct purchases).

Information we collect automatically. We collect some information automatically when you use our products and services. Some types of information we collect automatically include:

• Information about your use of our products, services and websites, including your browser type, operating system, platform, IP address, MAC address, language and region;
• Information about websites you visited before and after visiting our websites, search queries that landed you on our websites, search queries you conducted on our websites, and pages and advertisements you viewed and links you clicked on while using our websites;
• Information about your Nintendo device including device serial number, device ID, wireless access point, and other technical information about your device; and
• Information about your game play, online status, use of our online services, friends and friend codes, purchases, and other information about your interactions with our products and services.

Information we receive from other sources. We may receive information about you from other sources, including through third-party services and retailers. Some examples of information we may receive from other sources include:

• Navigation data, including websites visited and advertisements viewed or clicked;
• Information about consumer service transactions; and
• Purchase information.

Please note that we may add information we receive from other sources to the information we already have about you. We also may combine your information with information about other users, including game play, demographic, search term, clickstream and purchase information, and use this combined information in an aggregated format.

2. COOKIES, WEB BEACONS, LOG FILES AND THIRD PARTY PARTNERS

In order to collect some of the information described above, we may use web beacons, cookies, log files, and similar technologies in some of our products and services, including our emails.

• Web Beacons: We may use web beacons (also referred to as pixel trackers or clear GIFs), which are small graphic images placed on a web page, on a web-based document, or in an email message. Web beacons are designed to collect certain user information and monitor certain user activity. Information collected by web beacons might include your IP address, MAC address, the URL of the page you came from, or your interactions with our website or an email message we send to you. We may use the information collected through web beacons, for example, to determine how to improve certain products and services by identifying popular web pages, services, features, and products; to personalize our products and services; to make recommendations for products and services; and to complete transactions you have requested.
• Cookies: We may use cookies, which are unique identifiers that are sometimes placed on your device to record data about your visits to a website, so that the site can recognize your device and personalize your visit. Information collected by cookies may be linked to your transaction history, online game play or other information. We may use information collected by cookies, for example, to determine how to improve certain products and services by identifying popular web pages, services, features, and products; to personalize our products and services; to make recommendations for products and services; and to complete transactions you have requested. You can set your certain browsers to reject cookies or to notify you when you are sent a cookie. However, not utilizing cookies may prevent you from using certain functions and features of our products and services.
• Log Files: We maintain log files which record activity related to the use of our products and services, such as the number of hits a particular webpage has received, the type and quality of a user's Internet connection, the type of hardware and/or software used to access a particular service, which features of a service are used and their frequency of use. The entries within these log files may include, for example, your IP addresses, MAC addresses, cookie information, device ID, transactional data, device settings, and download activity. We may use these log files, for example, to monitor traffic on our website, to facilitate use of certain services and to troubleshoot technical problems.
• Third Party Partners: We also may permit our third party partners to set cookies and web beacons and similar technologies on our websites, or within emails sent on our behalf, to help us perform various internal functions necessary to operate our business. These third parties may also use these cookies and web beacons and other technologies to collect information about your visits to our websites and elsewhere on the Internet and may use that information during, or after, your visits to our websites to provide you advertisements across the Internet about goods and services that may be of interest to you. Some of these third parties may offer you a way to opt-out of this type ad targeting through industry choice mechanisms. To learn more about third parties that participate in these choice offereing and to exercise choices that may be avialable to you, you can visit www.networkadvertising.org and www.aboutads.info.

3. USE OF INFORMATION

We may use your information in order for us, our affiliated companies, or our third party partners, 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; (ii) contact you in connection with our products and services, including for marketing and promotional purposes; (iii) facilitate your use of our products, services and websites; (iv) enable your participation in online games, contests, sweepstakes, surveys, public forums, and other features offered through our products, services and websites; (v) make recommendations and customize the content, features, and advertising available through our products, services and websites and on other's websites; (vi) set up repair orders and respond to consumer service inquiries; (vii) provide back-end services, including system updates and system messages; (viii) provide free games, applications, trials, and other content; (ix) analyze and facilitate the use of our products, services and websites; (x) conduct demographic studies; (xi) understand, improve, and develop our products, services and websites; (xii) prevent potentially illegal or offensive activities; (xiii) enforce our rights or the rights of our users; (xiv) verify your identity and prevent fraudulent transactions; and (xv) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

4. DISCLOSURE OF INFORMATION

At times we may make certain information that we collect available to our affiliated companies, to our third party partners, to other Nintendo users, and for other legal and business purposes. For example:

• Nintendo Affiliates. We may share information with other Nintendo affiliated companies that use it consistent with this Privacy Notice.
• Third Parties. We may share information with our third party partners to help us perform various functions necessary to operate our business or fulfill your requests (for example, helping you process your downloads or purchases, and developing and executing marketing campaigns). We also may share such information to, for example, complete your transactions, provide you with advertising and other promotional materials, and assist in the creation of user accounts with third parties.
• Other Users and Friends. We may share information, including, for example, your user name, Mii profile information, online status, Mii greeting, and other game play information, with other Nintendo users when you use the online features of our products and services.
• General Public. When you use some of our online services, for example when you play games online or post to Miiverse, your user name, nickname, user profile and certain gameplay information may be displayed on the internet and be seen by the general public.
• Local Communications. Some Nintendo devices have local communication features that can be activated by you. These features allow some of your information to be collected and shared, automatically, with us and with other Nintendo users. These features also allow us, and other Nintendo users, to automatically contact and interact with you. When these features are enabled by you, you may receive information about, and communications from, other Nintendo users, and you may also receive advertising and promotional materials from Nintendo and its third party partners. You may disable these local communication features at any time through the system settings on your Nintendo device.
• Legal and Business Purposes. We may disclose your information 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. Your information may also be disclosed as part of any sale or transfer of company assets, if legally permitted.

You are responsible for any information that you share with others through use of our products, services and websites. Please be aware that other users may be able to store, modify, or share with third parties, information that you provide to them.

5. LINKING ACCOUNTS

We may offer you an account for one or more of our loyalty programs, including Club Nintendo, so that you have the opportunity to receive personalized content and participate in a variety of activities, promotions and programs. Within certain parameters, you may be able to link your Nintendo device or network account to your loyalty account. In such circumstances, we will use your information to, for example, automatically register your purchases in your loyalty account so that you have the opportunity to receive rewards and promotions. You may unlink these accounts in the settings section of the Nintendo eShop.

6. THIRD-PARTIES

You may disclose your information to third parties when you use our products and services in order to play third-party games, use third-party applications or plugins, view third-party advertisements, or visit third-party websites. We are not responsible for the privacy practices of these third parties, and we recommend that you review their privacy notices before submitting any information to them.

7. ATTENTION PARENTS OR LEGAL GUARDIANS: PROTECTING CHILDREN'S PRIVACY

In accordance with applicable law, we obtain consent from parents for the collection of personal information from their children. You can find information about how we collect, use, and disclose personal information from our users, including children under the age of 13, in the sections above titled YOUR INFORMATION, USE OF INFORMATION, DISCLOSURE OF INFORMATION.

You may review, and have deleted, the personal information we have collected from your child, and you may refuse to permit our further collection or use of your child's personal information, by contacting a Nintendo Privacy 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: Nintendo Privacy Administrator, 4600 150th Avenue NE, Redmond, WA 98052, U.S.A. Before responding to your request to review personal information collected from your child, we may require that you follow reasonable procedures to help verify your identity as the child's parent or legal guardian. We may deny any request that fails to follow these procedures. If you choose to have your child's personal information deleted, or refuse to permit further collection or use of your child's personal information, certain features of our products and services 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 our products and services when your child uses third-party services 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 personal information through third-party services or content.

We strongly recommend that you supervise your child's use of our products and services at all times. You can restrict your child's use of certain features of our products and services by setting up the parental controls on your Nintendo device. For a detailed description of these parental control features, please see the user manual for your Nintendo device.

8. SECURITY

Nintendo uses reasonable measures, and has established reasonable safeguards, to help protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration and destruction. You should understand that 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 may not have the same security protections as information you submit to us or that we collect, and we are not responsible for protecting the security of such information.

If you install unauthorized applications or content on, or make unauthorized modifications to, your Nintendo device or its software, your information may be compromised. Nintendo is not responsible for any collection, use or disclosure of information from any Nintendo device that has unauthorized modifications or contains unauthorized software or content.

9. OPTING-OUT

You may use a Nintendo device without providing us your information; however, some features and applications may not be available to you. You can opt-out of the collection of certain information by not using our services. You also may be able to opt-out of certain types of information collection through your Nintendo device settings, parental controls or other opt-out mechanisms we make available to you. Certain aggregated technical information about your Nintendo device may still be automatically collected when you, or another user of your device, connects to the internet. You may opt out of receiving commercial email messages from Nintendo by following the instructions contained in those email messages.

10. REMOVING INFORMATION STORED ON YOUR NINTENDO DEVICE

Certain information about you may be stored on your Nintendo device. For your protection, before selling, transferring, or otherwise disposing of your Nintendo device, please remove all stored information, including information stored on any of the device's accessories. For instructions on how to remove stored information from your Nintendo device, please see the user manual or visit support.nintendo.com.

If you transfer data from one Nintendo device to another, using any of our system transfer tools or features, any information about you, that is stored on that device, will be transferred as part of the process.

11. INTERNATIONAL USERS

Any information you provide, or that is collected through use of our products, services and websites may be stored, processed, and transferred within, or to, the United States, or any other country in which we or our affiliated companies or third party partners maintain facilities. As a result, it is possible that your information could be accessed by foreign governmental authorities, or otherwise, in accordance with applicable local laws. By using our US based website, or by designating the United States as the region for your Nintendo device, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States. We abide by the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework, as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Economic Area, and Switzerland. For more information about the Safe Harbor program, and to view our certification, visit the U.S. Department of Commerce's Safe Harbor website.

12. CHANGES TO THE PRIVACY NOTICE

We may update this Privacy Notice from time to time. When we update this Privacy Notice, we will revise the "Last Updated" date above. Updates will be posted at support.nintendo.com. We recommend that you review this Privacy Notice each time you use our products, services or websites to help you stay informed of our privacy practices.

13. ESRB CERTIFICATION

This Privacy Notice and the certification seal located on our website confirms that we are a valid licensee, and participating member, of the Entertainment Software Rating Board's Privacy Certified Program. To help protect your privacy, we have voluntarily undertaken this privacy initiative. As a licensee in this privacy certification program, we are subject to frequent audits of our websites and other enforcement and accountability mechanisms administered independently by the ESRB. All of our sites containing the ESRB certification seal have been reviewed, and certified, by ESRB to meet established online information collection and use practices.

14. CONTACT US WITH YOUR PRIVACY QUESTIONS, COMMENTS OR CONCERNS

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

You may also contact ESRB Privacy Certified via email at privacy@esrb.org, or via regular mail at ESRB Privacy Certified, Attn: Privacy Certified Program, 420 Lexington Avenue, Suite 2024, New York, NY 10170.

Nintendo 3DS End User License Agreement

THIS IS AN IMPORTANT AGREEMENT THAT APPLIES TO YOUR USE OF THE NINTENDO 3DS SYSTEM AND NETWORK SERVICES! PLEASE SCROLL DOWN!

If you are under the age of 18, STOP!

You must get your parent or legal guardian to read and accept this Agreement.

Nintendo 3DS End User License Agreement

Last Updated: October 6, 2014

This is an agreement between you and Nintendo of America Inc. (together with its Affiliates, "Nintendo" or "we" or "us" or "our ") that describes your rights to use the Nintendo Network Services and the Software. When using the Network Services and Software, you must abide by this Nintendo 3DS End User License Agreement and all other applicable rules, policies, and notices that are posted on the Nintendo Website or in the Nintendo eShop (collectively, the "Agreement"). By using or accessing a Nintendo Device or the Network Services, or by agreeing to this Agreement in the user interface of a Nintendo Device, you are agreeing to be bound by the terms of this Agreement. Please read this Agreement carefully. If you do not agree to the terms of this Agreement, you may not use any of the Network Services or Software.

For the purposes of this Agreement:

"Affiliates" means entities that control, are controlled by, or are under common control with Nintendo of America Inc.;

"Content Provider" means the party that grants a license to Digital Content, which may be us, a third party application provider, or a third party game publisher;

"Digital Content" means digitized electronic content made available to you through the Network Services or that is compatible with and authorized by us for use in connection with the Network Services, such as games, videos, music, images, text, applications, and any updates, replacements, or add-on content associated with any of the foregoing;

"Network Account" means an account that you create and maintain for your use of certain Network Services that require an account as permitted herein;

"Network Services" means those services we offer to you from time to time from a Nintendo Device, a personal computer, other devices authorized by Nintendo, or online, and may include, without limitation, the Nintendo eShop, access to or delivery of Digital Content or related software, applications, support services, access to Third Party Services, and access to or use of a Network Account, or of information, data, and other materials relating to any of the foregoing, and any additional terms and conditions under which each of the foregoing are provided;

"Nintendo Device" means a Nintendo-branded device that we authorize for use with the Network Services;

"Nintendo eShop" means the shopping services we make available as part of the Network Services that may be accessed through a Nintendo Device (or through any other methods or devices that we may authorize for such access) for purchasing or otherwise acquiring a license to Digital Content and for purchasing other items that we offer from time to time;

"Nintendo Website" means our websites, including those having home pages located at www.nintendo.com and www.nintendo.net;

"Third Party Services" means the services, applications, software, and data that are made available by third parties through the Network Services;

"User Content" means text, images, audio, video, reviews or other content that you create or is licensed to you and that may be accessible and viewable by the public or other Network Service users; and

"User Manual" means the information manuals that we make available to you on your Nintendo Device and at support.nintendo.com, or that we make accessible to you through the Network Services or other methods, including any updates to those manuals that we may post from time to time.

1. Software License

You may use the software, content, and data that came with your Nintendo 3DS or that is compatible with and authorized for use on your Nintendo 3DS, including any updates or replacement to that software, content, or data that we or our authorized providers make available to you (collectively, the "Software") subject to the terms of this EULA. The Software is licensed, not sold, to you solely for your personal, noncommercial use on your Nintendo 3DS. You may not publish, copy, modify, reverse engineer, lease, rent, decompile, or disassemble any portion of the Software, or bypass, modify, defeat, tamper with, or circumvent any of the functions or protections of your Nintendo 3DS, unless otherwise permitted by law. The Nintendo 3DS handheld video game system and accessories, the Software, and any services available using the Nintendo 3DS (collectively, the "Nintendo 3DS System"), are constantly evolving, and we may update or change your Nintendo 3DS System, in whole or in part, without notice to you. Such updates or changes may be required for you to play new Nintendo 3DS games, enjoy new features, or continue to access Nintendo 3DS services. After your Nintendo 3DS System is updated or changed, any existing or future unauthorized modification of the hardware or software of your Nintendo 3DS System, or the use of an unauthorized device in connection with your Nintendo 3DS System, will render the system permanently unplayable. Content obtained through the unauthorized modification of the hardware or software of your Nintendo 3DS System will be removed. You agree not to use your Nintendo 3DS System in an unlawful manner or to access the systems, devices, accounts, or data of others (including Nintendo) without their (or our) consent.

2. Network Services

Nintendo grants you a personal, non-exclusive, non-transferable, revocable license, subject to the terms of this Agreement, to use the Network Services as permitted under this Agreement solely on a non-commercial basis. You are responsible for any fees or other charges that arise out of your use of the Network Services, such as charges associated with use of the Nintendo eShop or Third Party Services.

The Network Services may only be used within the United States, Canada, and certain other countries located in the Americas. The Network Services may not work outside of those countries. By using the Network Services outside of those countries, or by designating one of those countries as your region on a Nintendo Device or website, you are agreeing to be bound by the terms of this Agreement. Certain of the Network Services may not be available to you due to legal or technical limitations or your Nintendo Device settings. Please refer to the User Manual for more information on setting up and using the Network Services that are available to you.

The Network Services may permit you to transfer some or all of your data, information, account balances, and Digital Content between Nintendo Devices that you own, or between your Network Accounts. Please refer to the User Manual for more information on this feature.

3. Your Network Account.

A Network Account may be required for use of certain Network Services. You must provide complete, accurate information when creating your Network Account, and revise this information as needed to keep it up-to-date.

Parental consent is required for the creation of a Network Account and for the use of the Network Services by a child under the age of 13. Instructions for providing parental consent are provided during the Network Account setup process. Please review the Nintendo Privacy Notice, located after the end of this Agreement on a Nintendo Device, as well as on Nintendo.com, for more details regarding our privacy practices.

Your Network Account is personal to you. You may not transfer, assign, or sell your Network Account to others. You should protect your Network Account against unauthorized access or use by others, for example by keeping your Network Account password in a secure location. Please notify us immediately if you become aware of any unauthorized access or use of your Network Account. Remove any information relating to your Network Account from your Nintendo Device before selling, transferring, or sharing your Nintendo Device with others. Please refer to the User Manual for instructions on information removal.

You are responsible for ensuring that your Network Account is used, whether by you or by others, only as permitted by this Agreement. This includes use of your Network Account to access or use the Network Services. Use of your Network Account in violation of this Agreement may result in suspension or termination of your Network Account and your ability to use the Network Services, and may also result in termination of this Agreement.

You may cancel your Network Account at any time. If you cancel your Network Account, you will lose access to any data, information, or account balance that is associated with that Network Account. Please refer to the User Manual for information on how to cancel your Network Account and for more information.

4. User Content

You own your User Content. But by entering into this Agreement you grant to Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sublicenseable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display 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.

Nintendo takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Nintendo liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of any Nintendo Device or Network Services is at your own risk. As a provider of interactive services, Nintendo is not liable for any statements, representations or User Content provided by our users.

You also consent and agree that Nintendo may access, use, monitor, disclose or preserve information associated with your use of the Network Services, including, without limitation, your personal information and User Content, or information that Nintendo acquires about you through your use of a Nintendo Device or Network Service when Nintendo forms a good faith belief that doing so is necessary (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce this agreement or protect the rights or property rights of Nintendo, its users, or the public; (c) to help prevent a loss of life or serious physical injury to anyone; or (d) prevent potentially illegal or offensive activities.

5. Shopping Services.

You may establish and maintain an account balance for purchasing items we offer and sell in the Nintendo eShop. That account balance is associated solely with your Network Account, is subject to balance and usage limits or restrictions that we may impose from time to time, and may not be transferred to third parties. That account balance may not be used to purchase items that are offered or sold by others or that are sold outside of the Nintendo eShop. Please refer to the User Manual for more information about the Nintendo eShop features.

You are responsible for any purchases, downloads, or other content acquisitions made using your Network Account in Nintendo eShop. Nintendo eShop purchases are non-refundable and non-transferable unless otherwise stated in the terms posted for a specific offer or required by law. Digital Content is licensed, not sold, from the Content Provider to you solely for your personal, non-commercial use on your Nintendo Device or as we permit through the Network Services, subject to the terms of this Agreement and any additional terms posted for that Digital Content item in Nintendo eShop and subject to your payment in full for that Digital Content. Digital Content licenses that are purchased through your Nintendo Account and downloaded to a Nintendo Device may be available for access and use through other Nintendo Accounts on that Nintendo Device.

Nintendo eShop may support other Network Services, such as services that allow you to access, view, or download Digital Content to your Nintendo Device, to review other items that may be purchased in connection with a Nintendo Device or the Network Services, to review your purchase history or, if supported on your Nintendo Device, to use points to make purchases in the Wii shop during operation in Wii compatible mode.

6. Third Party Services.

We are not responsible for any Third Party Services you elect to access or use, and we are not responsible for any charges or other liabilities that arise out of your use of Third Party Services. Third Party Services are not reviewed or monitored by us and are subject to separate third party terms and conditions associated with such Third Party Services. Nintendo’s Privacy Notice does not apply to Third Party Services. You access and use Third Party Services solely at your own risk.

7. Use of Information.

We may collect, use and disclose personal information that (a) you provide to us; (b) we collect automatically; and (c) we receive from other sources. Please refer to Nintendo’s Privacy Notice, located after the end of this Agreement on a Nintendo Device, as well as on Nintendo.com, for information on how we collect, use and disclose information from our users. The Nintendo Privacy Notice applies to all of our products, services and websites, including the Network Services. We recommend that you review Nintendo’s Privacy Notice before each use of the Network Services or a Nintendo Device or website to help you stay informed of our privacy practices.

8. Code of Conduct.

To help keep the Network Services friendly and safe for all users, you will not engage in any harmful, illegal, or otherwise offensive conduct, such as:

1. Misrepresenting, impersonating, abusing, stalking, threatening, or harassing any person or company, such as other users, us, or our employees, representatives, moderators, or contractors;
   
   
2. Engaging in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct in connection with a Nintendo Device or the Network Services;
   
   
3. Making, disseminating, sharing, or playing unauthorized copies of games, music, or images on a Nintendo Device or the Network Services; this activity is illegal!
   
   
4. Making new versions of Digital Content or a Nintendo Device;
   
   
5. Trying to modify or gain unauthorized access to another person’s Nintendo Device or Network Account or trying to modify, reverse engineer, or gain unauthorized or automated access to any of Nintendo’s computers, hardware, software, or networks used to provide the Network Services or any feature of a Nintendo Device;
   
   
6. Cheating in a game, unless such cheats have been deliberately enabled by the Content Provider;
   
   
7. Hosting, intercepting, emulating, reverse engineering, or redirecting the communication protocols used by Nintendo as part of a Nintendo Device or the Network Services, regardless of the method used to do so; or do anything that might bypass or circumvent measures employed to prevent or limit access to any area, content or code of any Nintendo Device or Network Services (except as otherwise expressly permitted by law);
   
   
8. Developing any third-party applications that interact with User Content and the Network Services without our prior written consent;
   
   
9. Engaging in any commercial activity using a Nintendo Device or the Network Services or any other activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of a Nintendo Device, the Network Services, or any Third Party Services;
   
   
10. Using any robot, spider, crawler, scraper or other automated means or interface not provided by us to access or extract data from any Nintendo Device or Network Services; or
    
    
11. Uploading, posting, emailing, transmitting, or otherwise making available: (i) any content or data that you do not have a legal right to make available; (ii) any content or data that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party; (iii) any unsolicited or unauthorized advertising or promotional materials; (iv) content or data of which you have disguised the origin; (v) viruses, corrupted data or other harmful, disruptive or destructive files (vi) content or data that contains private information of any third party, including, without limitation, names, addresses, email address or credit card information; or (vii) content or data that is obscene, is unlawful, violates this Agreement, or is prohibited from publication in your jurisdiction.
    
    

9. Reservation of Rights and Interests.

The Network Services are provided to you on a limited license basis, and are not sold to you. Other than your limited license to use the Network Services as expressly provided in this Agreement, we retain all right, title, and interest in and to the Network Services including, without limitation, all associated patent, copyright, and trademark rights, and all other proprietary or intellectual property rights of any kind in any country.

10. Disclaimer of Warranties and Limitation of Liability.

USE OF THE NETWORK SERVICES AND THE THIRD PARTY SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINTENDO OR ITS REPRESENTATIVES CREATES A WARRANTY. THE NETWORK SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. NINTENDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE NETWORK SERVICES AND THIRD PARTY SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE NETWORK SERVICES OR ANY THIRD PARTY SERVICES, EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, NINTENDO’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE NETWORK SERVICES AND THE THIRD PARTY SERVICES IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE NETWORK SERVICES THAT ARE THE SUBJECT OF SUCH CLAIM. IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Indemnity.

If we or any of our Affiliates, licensees, licensors, or contractors are subject to any actual or threatened claims, costs, damages, losses, or other liabilities (collectively, "Covered Losses") as a result of your use of any of the Network Services, Digital Content, a Nintendo Device, or any data, information, or other item you make available through the Network Services or a Nintendo Device including User Content, then you agree to indemnify us (and our affiliates, licensees, licensors, contractors, and employees) from all such Covered Losses and any related costs, such as reasonable attorney’s fees.

12. Feedback.

Separate and apart from User Content, you can generally submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Nintendo and the Network Services (“Feedback”). Feedback, whether submitted through the Network Services or otherwise, is non-confidential and shall become the sole property of Nintendo. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

13. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver.

A. Our consumer service department is available to address any concerns you may have regarding your Network Account or the Network Services. You may contact them by phone at 1-800-255-3700, by email at useragreement@noa.nintendo.com, or by regular mail sent to Nintendo of America Inc., Attn: User Agreement, 4600 150th Ave NE, Redmond, WA 98052 USA. Most matters are quickly resolved in this manner to our customer’s satisfaction. Any matter we are unable to resolve and all disputes or claims arising out of or relating to this Agreement, including its formation, enforceability, performance, or breach (each, a "Claim"), with the exception of the matters described in section 13(C) below, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the "AAA"), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Claims. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 13 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.

B. The rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the initial filing fee for the arbitration exceeds the initial filing fee for a lawsuit, we will pay the difference in fees. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim is less than $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.

C. Section 13(A) does not apply to any Claim (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights), or (ii) that may be brought in small claims court.

D. 30-Day Right to Opt Out: You have the right to opt out of the provisions of this Section 13 by sending written notice of your decision to opt out to the following address: Nintendo of America Inc., Attn: CS Admin, 4600 150th Ave NE, Redmond, WA 98052 within 30 days of creating your Network Account. Your notice should include your account number. If you send this notice, then Section 13 will not apply to either party. If you do not send this notice, then you agree to be bound by this Section 13.

14. General.

A. Breach; Termination; Survival. This Agreement will automatically terminate if you do not comply with this Agreement. Upon any such termination, you must immediately cease all use of the Network Services. Sections 4, 6, 7, 9, 10, 11, 13 and 14 of this Agreement will remain in effect following any such termination.

B. Changes to Network Services; Delivery of Network Services. We may modify, cancel, or suspend the availability of the Network Services in whole or in part at any time without notice to you. We may involve Affiliates or third parties in the delivery of the Network Services or in the performance of our obligations under this Agreement.

C. Enforcement; Non-waiver; Non-assignment. If any part of this Agreement is held to be invalid or unenforceable, that part will no longer apply to the parties and will be 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 unless otherwise provided in this Agreement. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. You may not assign your rights or interests under this Agreement to any other person.

D. Governing Law. The laws of the state of Washington, U.S.A., without regard to its conflict of laws provisions, will govern this Agreement and any dispute of any sort that might arise between you and Nintendo.

E. Venue. If Section 13 is held to be invalid or unenforceable, then for any Claims the parties consent to the exclusive jurisdiction of the courts located in King County, Washington, U.S.A.

F. No Third-Party Beneficiaries. This Agreement is for the benefit of, and will be enforceable by, the parties only, and is not intended to confer any right or benefit on any third party or to create any obligations to any such third party.

G. Changes to Terms. We may change the terms of this Agreement at any time without notice. A current version of this Agreement, including any changes, is posted at support.nintendo.com for your convenience. If you do not agree to any changes to this Agreement, you must cancel your Network Account and discontinue use of the Network Services.

H. 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 the Agreement or by law.

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

We may notify you regarding this Agreement by: (i) email at the address associated with your Network Account; or (ii) through posted messages in the Nintendo eShop, the Nintendo Website, or other locations that we specify to you from time to time. These notices will be effective as of the date of delivery or posting. Please be sure to keep the email address associated with your Network Account up-to-date.

I. Notices and Procedure for Making Claims of Copyright Infringement. Nintendo respects the intellectual property of others and we ask users of Nintendo products and services to do the same. If you feel that your intellectual property rights have been infringed, please visit www.nintendo.com/ippolicy to read our full policy and to submit a takedown request.

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 system allows you to disable wireless communication. To turn off all wireless communication, push the wireless switch to turn the feature off. See page 12 for more information. Make sure the wireless LED is off.

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

This is the same End User License Agreement (EULA) that must be accepted when a Wii console is powered on for the first time. It is provided here for your convenience should you need to review it.

Last updated: June 22, 2010

Last Updated: March 25, 2009

Nintendo is dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect. Our Wii Network Service Privacy Policy (Wii Privacy Policy) is intended to provide you with an understanding of information that is submitted and collected through the Wii Network Service. We may revise and update this Wii Privacy Policy from time to time. Please review the most recent version posted on http://support.nintendo.com often to ensure you are aware of any changes, or contact our customer-service department at (888) 977-7627 for the most current version. This Wii Privacy Policy only applies to information submitted or collected through the Wii Network Service. Information you may submit through any of Nintendo's web sites is subject to the privacy policy posted on those sites.

Please read this Wii Privacy Policy, which applies to use of the Wii Network Service by you and any other person using your Wii Console. Capitalized terms in this Privacy Policy have the meaning assigned to them in the Wii End User License Agreement unless defined otherwise herein.

ATTENTION PARENTS OR LEGAL GUARDIANS: PROTECTING CHILDREN'S PRIVACY

Before allowing your children to use the Wii Network Service, we strongly recommend you educate them on the importance of not sharing personal information about themselves with strangers. In particular, we recommend you tell your children not to use personal information for any nicknames on games, user names, names for Miis or any other applications that use the Wii Network Service. You should also keep in mind that certain Wii games use the Wii Network Service to create the opportunity for users to communicate in-game.

We strongly recommend you assist your children with the setup of the Wii Network Service, and that you supervise your children's use of the Wii Network Service at all times. You can restrict use of certain aspects of the Wii Network Services by setting up the Wii Console's parental controls function. You may also disconnect your Wii Console from the Wii Network Service, as explained in your Wii Operations Manual.

INFORMATION COLLECTED

Personal Information is information that may be directly linked to you such as your name, address, telephone number, or name based e-mail address (for example, MyWii@Nintendo.com). We may ask you to provide us with certain Personal Information when you register your Wii Console on the Wii Network Service, download games or contact us with questions or comments. In addition to the Personal Information you provide to us, we may anonymously collect information from you such as your age, gender, geographic area, Wii Console identifier and Wii message address, without linking your Personal Information to this anonymous information. We will not link your Personal Information with any anonymous information we collect from you unless (1) you authorize us to do so; (2) you choose to link your Wii Shop Account to your Club Nintendo account; or (3) we notify you first. In order to provide you with more customized services, we may also receive and record information on our server logs from the Wii Network Service, including but not limited to your internet protocol (IP) address, cookies, transactions, settings and download activity. If you provide sensitive information when communicating with third parties via the Wii Network Service, Nintendo does not receive or collect that information. Your Wii Console may store that sensitive information for your convenience.

HOW SUCH INFORMATION IS USED

We may request either personal or anonymous information from you for several purposes including to: (i) complete your Wii Network Service registration; (ii) customize your Wii Shop catalog and other catalogs; (iii) communicate with you regarding games, contests, sweepstakes, surveys, product changes, system issues and more; (iv) allow you to participate in the Wii messaging service, message boards and other Wii online services; (v) process orders you have placed through the Wii channels; and (vi) set up repair orders. Some of the types of information collected and the way the information is handled are detailed by category below.

Surveys: We may conduct surveys of Wii Console users. The information we collect from you in a survey will be demographic or opinion information and will not be tied to your Personal Information unless we notify you otherwise. The results of aggregate data collected from surveys, but not Personal Information, may be disclosed to the public.

Contests and Sweepstakes: We may host various contests and sweepstakes. To enter you may be required to submit certain Personal Information about yourself. For more information about Nintendo contests or sweepstakes, please see the official rules of the contest or sweepstakes you are entering.

Nintendo Channel: You may choose to share certain anonymous information with us through the Nintendo Channel, which we may use to make certain recommendations to you or to develop new games and services. The Nintendo Channel does not collect Personal Information. Your use of the Nintendo Channel is anonymous and will remain so unless you choose to link your Wii Shop Account to your Club Nintendo account. For more information, please select the "How Your Information Is Used" menu in the Settings section of the Nintendo Channel or visit http://support.nintendo.com.

Wii Shop Account: If you pay for items through the Wii Shop with your credit card, you need to provide a valid credit card number, expiration date, credit card security code and your city, state/county/province and zip code/postal code. We do not ask for your name or your complete address unless you order items that we must ship to you, rather than deliver via a download. You must be over the age of 18 to enter into the Wii Network Service User Agreement, and to place orders online. Any credit card information you submit through the Wii Shop will be transmitted in an encrypted manner. All such encrypted information will be maintained and processed by Nintendo and its trusted third party credit card processor on secure computers that are not accessible from the Internet. This encrypted information is subject to the section below entitled "Security."

Wii Message Service: When you connect to the Wii Network Service, we provide you an automatically generated Wii message address. Your Wii message address is anonymous and will remain so unless you choose to (a) share it with other people in order to send Wii messages; (b) share it with other people in order for them to add your Wii Console to their in-game friend list; or (c) link your Wii Shop Account to your Club Nintendo account. You have the ability to choose through our parental controls function whether to allow use of the Wii message service on your Wii Console. If you choose not to use the Wii message service, you will not receive emails from third parties. You also can choose not to receive certain messages from Nintendo by selecting the "opt-out" option on Wii channels or by using the opt-out option included in commercial messages sent by Nintendo to your Wii message address. However, you may still receive messages on your Wii Message Board that originate from members of your household as well as messages from us related to transactions or services you have specifically requested; in response to any email from you to us; to notify you of updates or changes to our policies and procedures; or to otherwise provide you with information important to all Wii users.

IP Addresses: Your Wii Console is automatically assigned an IP address by your Internet Service Provider when you connect to the Wii Network Service. The Wii Network Service automatically creates log files of user activities on the Wii Network and may also record the IP address of users. In general, we only use log files to monitor traffic on our Web sites and to troubleshoot technical problems. In the event you do not comply with our Wii Code of Conduct when using the Wii Network Service, however, we may block your IP address. We do not link IP addresses to Personal Information unless we notify you or unless necessary to enforce our Wii Code of Conduct or respond to legal process.

Web Beacons: The Wii Network Service uses common Internet technology called "Web beacons" (also called "Web bugs," "action tags," "pixel trackers," or "clear GIFs"), which are small graphic images placed on a Web page, Web-based document, or in an e-mail message, designed to collect certain information and monitor user activity online. Web beacons are invisible to you because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document or e-mail message. We may use Web beacons to collect non-personal information such as the Wii Console IP 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 e-mail containing the Web beacon). We do not use Web beacons to collect Personal Information.

Cookies: The Wii Network Service may use cookies, which are small text files that a Web site places on your Wii Console. These files identify your Wii Console and record data about your visit so that when you return to the site, the site recognizes your Wii Console and can personalize your visit. Cookies may be linked to your transaction history, game play or other information gathered through the Wii Network Service. We may use information collected by cookies, as well as other tools such as log files or Web beacons, for determining how to improve the Wii Network Service by seeing which areas, features, and products are most popular; personalizing the services and making recommendations based on downloaded products; and completing transactions you have requested. In the event you visit a third party's website through the Internet browser option offered on the Wii Network Service, or we employ a third party advertising company to display ads on the Wii Network Service, those websites or ads may also contain cookies. Any information gathered through such cookies is collected by the third party, not by us, and we have no access to or control over these cookies or the information contained within them.

Other: In order to constantly improve the products and services we provide and better meet your needs, we may also use your Personal Information as well as anonymous information for our internal marketing, demographic studies, and quality assurance. In some cases, we may add to or update your Personal Information with data collected from other sources (e.g., mail-in registration cards or date of purchase information from retailers). If we combine information collected offline with information collected through the Wii Network Service, the combined information will be treated in accordance with this Wii Privacy Policy.

DISCLOSURE OF INFORMATION

We do not sell or rent any of our customers' Personal Information to third parties. We may, however, share personal or anonymous information with our vendors to help us perform various functions necessary to operate our business (for example, completing downloads or purchases made through the Wii Shop, developing and executing marketing campaigns, etc.) and with our affiliated companies. We may disclose Personal Information in order to comply with legal process, respond to claims or inquiries, or protect the rights, property or personal safety of Nintendo, our customers or the public. In addition, information about our customers, including Personal Information, may be disclosed as part of any merger, sale, transfer of company assets, or acquisition, if permitted by and done in accordance with applicable laws.

LINKING ACCOUNTS

You may link your Wii Shop Account to your Club Nintendo account in order to receive personalized content and participate in a variety of activities, promotions and programs. If you would like to link your accounts, you may do so when you register your Wii Console on the Wii Shop. Once you have linked your Club Nintendo account to your Wii Shop Account, any personally identifiable information you enter on your Club Nintendo account will be linked to your Wii Shop Account. Please note that if you opt-in to receive messages from us in your Club Nintendo account, we may send messages to your Wii message address or other messaging devices you designate such as your mobile phone.

Wii CHANNELS AND GAMES

Certain Wii games and Wii channels give you the opportunity to nickname your Miis, create a user id and interact with other Wii users. We strongly encourage you not to use your own name for any Miis or any user ids you may create. In addition, we strongly encourage you not to share Personal Information about yourself and not to allow your children to share Personal Information about themselves with other Wii users.

For certain Wii Content, including some Wii games and Wii channels, your Wii Friends may have access to information such as whether you have downloaded or are using a particular Wii game or Wii channel.

INFORMATION STORED ON YOUR Wii REMOTE AND Wii CONSOLE

Certain sensitive or Personal Information about you may be stored on your Wii Console. For your protection, before selling or otherwise transferring your Wii Console, please be sure to clean and securely remove all Personal Information, Wii messages, any pictures or messages on the message board, and all other stored sensitive information on the Wii Network Service, your Wii Console, Wii Remote and/or Wii accessories. For instructions on formatting your Wii Console and clearing your Wii Shop Account activity, please review the Wii Operations Manual: Channels and Settings.

Your Wii Console may allow certain sensitive or Personal Information to be stored on the Wii Remote as well. Accordingly, by using your Wii Remote on a Wii Console other than your own, it is possible that certain sensitive or Personal Information about you could be shared with the other Wii Console.

UPDATES AND UPGRADES

We may without notifying you, download updates, patches, upgrades and similar software to your Wii Console and may disable unauthorized or illegal software placed on your Wii Console to ensure that your Wii Console is operating properly and efficiently, comply with applicable laws, assist law enforcement, protect us and our customers, or prevent the use and distribution of software obtained through improper channels.

SECURITY

We have established reasonable safeguards to secure Personal Information collected directly by us in an effort to ensure the security, integrity and privacy of the Personal Information collected and transferred through your Wii Network Service. We also have implemented reasonable security measures in an effort to protect information under our control against loss, misuse or alteration. While we strive to safeguard your Personal Information, 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 from and provided by you to other persons or entities may not have the same security protections as information you submit to us, and you are responsible for protecting the security of any such information.

OPTING OUT AND UPDATING YOUR INFORMATION

In order to completely opt-out from the collection of any information about you relating to the Wii Network Service, both anonymous and personal, you must disable your Wii Network Service. If you have linked your Club Nintendo account to your Wii Shop Account, Nintendo Channel or Wii message address (collectively, "Features"), you must unlink those Features from your Club Nintendo account in order to stop the collection of information about you. You may do so in the Settings section of the Wii Shop.

INTERNATIONAL USERS

Any information you provide or that is collected through the Wii Network Service 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, personal information may be accessed by foreign governmental authorities and otherwise in accordance with the laws applicable in the jurisdiction in which it is stored. By using the Wii Network Service, 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 Wii 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 Wii Privacy Policy or our practices, please contact the Nintendo Wii Privacy Policy Administrator via e-mail at privacypolicy@noa.nintendo.com, by phone at (888) 977-7627, or by regular mail at Nintendo, Attn: Online Privacy Policy Administrator, 4820 150th Avenue NE, Redmond, WA 98052.

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_wc_hotline.asp. ESRB Attn: Privacy Online Program, 317 Madison Avenue, 22nd Floor New York, NY 10017 (212) 759-0700 or privacyinfo@esrb.org.

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:

• Sit or stand as far from the screen as possible.
• Play video games on the smallest available television screen.
• Do not play if you are tired or need sleep.
• Play in a well-lit room.
• Take a 10 to 15 minute break every hour.

WARNING - Repetitive Motion Injuries and Eyestrain

Playing video games can make your muscles, joints, skin or eyes hurt. Follow these instructions to avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:

• 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.
• 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 - Electric Shock

To avoid electric shock when you this system:

• Do not use the Wii during a lightning storm. There may be a risk of electric shock from lightning.
• Use only the AC Adapter that comes with your system.
• Do not use the AC Adapter if it has damaged, split or broken cords or wires.
• Make sure that the AC Adapter cord is fully inserted into the wall outlet or extension cord.
• Always carefully disconnect all plugs by pulling on the plug and not on the cord. Make sure the Wii power button is turned OFF before removing the AC Adapter cord from an outlet.

CAUTION - Motion Sickness

Playing video games can cause motion sickness in some players. If you or your child feel dizzy or nauseous when playing video games, stop playing and rest. Do not drive or engage in other demanding activity until you feel better.

WARNING - Radio Frequency Interference

The Wii console and Wii Remote can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers.

• Do not operate the Wii console or remote within 9 inches of a pacemaker.
• If you have a pacemaker or other implanted medical device, do not use the Wii console or remote without first consulting your doctor or the manufacturer of your medical device.

CAUTION - Laser Device

The Wii console is a Class I laser product. Do not attempt to disassemble the Wii console. Refer servicing to qualified personnel only.

Caution: Use of controls or adjustments or procedures other than those specified herein may result in hazardous radiation exposure.

Specifications:
Laser Type: Semiconductor laser
Laser wave length: 662nm (typ.)(647nm~687nm)
Laser power: Max. 0.9mW
Numeric aperture: 0.6

CAUTION - Console Damage
The console can be damaged if knocked over, especially if this occurs during operation of the disk drive. The Wii stand plate has been included to increase stability of the Wii console, and should be used if the console is placed in a vertical position.

CAUTION - TV Screen Damage
Some televisions can be damaged by the display of a stationary image, because the image may be permanently "burned" into the screen. Playing video games with stationary images or patterns, or leaving video games on hold or pause, may lead to this type of damage. When taking a break, place the game on pause and turn the TV off until you are ready to play again.

Before using your Wii system with any TV, especially front and rear projection or plasma models, be sure to review all documentation included with your TV to find out whether video games can be played on the TV without damaging it.
If in doubt, contact the manufacturer of the TV. Neither Nintendo nor any of Nintendo's licensees will be liable for any damage to your TV.

WARNING - Battery Leakage
Leakage of battery fluid can cause personal injury as well as damage to your remote. If battery leakage occurs, thoroughly wash the affected skin and clothes. Keep battery fluid away from your eyes and mouth. Leaking batteries may make popping sounds.

To avoid battery leakage:

• Do not mix used and new batteries (replace all batteries at the same time).
• Do not mix different brands of batteries.
• Nintendo recommends alkaline batteries. Do not use Lithium ion, nickel cadmium (nicad), or carbon zinc batteries.
• Do not leave batteries in the remote for long periods of non-use.
• Do not recharge alkaline or non-rechargeable batteries.
• Do not put the batteries in backwards. Make sure that the positive (+) and negative (-) ends are facing in the correct directions. Insert the negative end first. When removing batteries, remove the positive end first.
• Do not use damaged, deformed or leaking batteries.
• Do not dispose of batteries in a fire.

Wii Remote Precautions

Nintendo is offering to replace the original version of the wrist straps for the Wii Remote with a newer version. We have received some reports that when consumers swing the Wii Remote with the original version of the wrist-strap using excessive force and accidentally let go, the cord connecting the controller to the wrist strap can break, potentially causing the Wii Remote to strike bystanders or objects. Because Wii consoles shipped starting in early December 2006 already utilized the newer version of the strap, you will need to determine which version of the strap you have before ordering a replacement. To determine if you need the newer version of the strap, or to place an order for a replacement, click here.

Wii Remote Precautions:

1. Use the Wrist Strap. Make sure that all players using the Wii Remote are wearing the wrist strap and that it has been tightened using the strap lock. When sharing the Wii Remote between multiple players, please be sure each person using the Wii Remote takes the time to properly put on the wrist strap. Wearing the wrist strap will help prevent the Wii Remote from flying across the room if you accidentally let go of it during game play.

 

2. Hold the Wii Remote firmly and do not let go. Even while wearing the wrist strap, make sure you don't let go of the Wii Remote during game play and do not use excessive motion. For example, in Wii Sports bowling, the proper way to let go of the ball while bowling is to release the "B" button on the Wii Remote—DO NOT LET GO OF THE Wii REMOTE ITSELF. If you are having so much fun that you start perspiring, take a moment to dry your hands. If you use excessive motion and let go of the Wii Remote, the wrist strap may break and you could lose control of the Wii Remote. This could injure people nearby or cause damage to other objects.

Additional Information on Using the Wrist Strap
Wii gameplay with the Wii Remote and Nunchuk can involve rapid or vigorous motion. Please use the wrist strap to prevent losing your grip on the remote and causing damage to the remote and surrounding objects, or injury to other people.

1. Feed the cord on the wrist strap through the connector hook.





2. Insert the Nunchuk plug into the External Extension Connector on the bottom of the remote until it "clicks" into place.



3. Make sure the wrist strap cord runs through the connector hook.

Play Area Precautions

Give yourself plenty of room. You will probably move around while using the Wii Remote, so be careful that all areas that you might move into are clear. Make sure that furniture, objects and people are out of the play area so you don’t accidentally bump into them while playing. Also, as indicated in the Wii Operations Manual, it is recommended to stay at least three (3) feet from the television.






 

Last Updated: March 25, 2009

This Wii Network Service Code of Conduct ("Wii Code of Conduct") outlines the rules that you must follow to participate in the Wii Network Service. These rules are designed to keep the Wii Network Service a friendly and safe environment.

The complete Wii 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 Customer Service and they will mail you a current version of the Wii Code of Conduct, free of charge. All capitalized terms not defined in this Wii Code of Conduct will have the meaning set forth in the Wii Network Services User Agreement.

1. Your use of the Wii Network Service is subject to this Wii 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 itself, 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 Wii Network Service.
   • Making, sharing or playing unauthorized copies of games, music or images on the Wii Console. This activity is illegal!
   • Unauthorized technical modifications to your Wii Console voids your warranty and may be illegal. Nintendo may make technical changes to the Wii Console, software and/or Wii Network Service to disable the modification.
   • Making new versions of existing Content or Products ("derivatives").
   • Trying to access another person's Wii Network Service without permission or trying to access any of Nintendo's computers, hardware or networks used to provide the Wii Network Service.
   • 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 Wii Network Service, regardless of the method used to do so.
   • Engaging in any commercial activity using the Wii Console or any other activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of a Wii Console, including the Wii Network Service or networks connected to the Wii Network Service.
   • Accessing or attempting to access another person's Wii Console, including, but not limited to a person's Wii Shop Account without permission or trying to 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; or (e) content to which you have disguised the origin.

2. Nintendo is not responsible for anything you say or anything that happens on the Wii Network Service or as a result of your use of the Wii Network Service; you alone are responsible.
3. Virtual Property. Some games or other content may have certain features that may be traded with other Wii Network Service 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 or for Points.
4. Nintendo reserves the right to immediately terminate or suspend your use of the Wii Network Service for, in Nintendo's sole discretion, any violation of this Wii 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.

This agreement is between you and Nintendo and covers use of the Nintendo DSi and the Nintendo DSi System. Nintendo may also be referred to as "we" or "us.".

NINTENDO DSi SERVICES USER AGREEMENT

Last updated: April 5, 2009

Chapter I: Nintendo DSi Service

Article 1: Grant of License

Nintendo grants you a personal, limited, non-exclusive, revocable (in whole or in part) license to use the Nintendo DSi Service, pursuant to this agreement. Specifically:

• Although the Nintendo DSi is intended for your personal recreational use, you are responsible for anyone using the Nintendo DSi through your Nintendo DSi System (whether you gave them permission or not), and for ensuring they understand and agree to this agreement.
• You may not use the Nintendo DSi 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 DSi Code of Conduct, or otherwise.
• You must clear all Content, Third-Party Data, and any other sensitive or personal information stored on your Nintendo DSi System prior to selling or otherwise transferring your Nintendo DSi System. If you acquire a used Nintendo DSi System, you must clear, and may not use, any of this data if still on the Nintendo DSi System when you acquire it.
• The Nintendo DSi is licensed to you for use on your Nintendo DSi System only in the United States, Canada, or Latin America.

Chapter II: Unauthorized Software, Services, or Devices or Unlicensed Accessories

Your Nintendo DSi System and the Nintendo DSi are not designed for use with unauthorized software, services, or devices or non-licensed accessories, and you may not use any of these with your Nintendo DSi System or the Nintendo DSi Service. Such use may be illegal, voids any warranty, and is a breach of this agreement. Such use may also lead to injury to you or others or cause performance issues or damage to your Nintendo DSi System or the Nintendo DSi Service. We (and our licensees and distributors) are not responsible for damage or loss caused by unauthorized software, services or devices or non-licensed accessories. We may take steps to disable any unauthorized software, services or device installed in your Nintendo DSi System, for example, by detecting and disabling them through the Nintendo DSi and/or game software. If we detect unauthorized software, services, or devices, your access to the Nintendo DSi may be disabled and/or the Nintendo DSi System or games may be unplayable.

Chapter III: Updates/Changes

You understand that the Nintendo DSi System specifications and the Nintendo DSi are constantly evolving and that we may update or change your Nintendo DSi System or the Nintendo DSi in whole or in part, without notice to you. Such updates may be required for you to play new Nintendo DSi games or continue to access the Nintendo DSi Service. We may also upgrade, change, or terminate the Content or game software or may discontinue offering Products without notice to you.

Chapter IV: Nintendo DSi Shop

Article 1: Nintendo DSi Shop Account

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

Article 2: Points

The Nintendo DSi Shop allows you to use Points to download a license to use Content or purchase Products (and may also allow you to do such things as download licenses to use certain Content for free, or use your Points to send Content to a friend). Points are not your personal property. Points have no cash or monetary value and are non-refundable.

Once you place Points into your Nintendo DSi Shop Account, you may not withdraw, sell, or transfer them to another. You are responsible for your or anyone else's use of Points in your Nintendo DSi Shop Account, even if you did not give them permission to use those Points.

If we suspect fraudulent or unlawful activity concerning your Nintendo DSi Shop Account or your use of Points, we may cancel, suspend, or otherwise limit your access to all or part of the Nintendo DSi Service. If, as a result, your Nintendo DSi Shop Account or your Points are deleted, they will be reinstated at our sole discretion.

Article 3: Credit-Card Charges and Your Billing Account

You may use your credit card to purchase Points through the Nintendo DSi Shop. If you use a credit card, you represent that you are authorized to do so and you agree that you are responsible for all charges to that credit card. Unless otherwise required by law, charges to the credit card to purchase Points are nonrefundable. It is your responsibility to pay any taxes, import fees or other government assessments associated with your Points purchases or download of Content and/or Products.

Article 4: Account History

Each time you purchase Points through the Nintendo DSi Shop, and each time you use Points to license Content or purchase Products, the transaction will be reflected in your account history. Account-history information for each transaction will be available for at least one year through the Nintendo DSi Shop.

Chapter V: Nintendo Zone Information

You agree that we or our selected partners may provide you commercial information on your Nintendo DSi System at Nintendo Zones. When your Nintendo DSi System is turned on and you are close to a Nintendo Zone, your Nintendo DSi System will receive an alert that it is near a Nintendo Zone. A Nintendo Zone notice will be displayed on your Nintendo DSi System. By clicking on the notice, you choose to access online commercial information. If you do not want to receive such information, do not click on the notice.

Chapter VI: Third-Party Data

We are not responsible for any Third-Party Data or for any action you may take relating thereto (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 any Third-Party Data in order to protect our rights or property, to protect other users of the Nintendo DSi Service, or to comply with legal requirements such as a lawful subpoena. You understand that you have no expectation of privacy in any Third-Party Data you receive or transmit via the Nintendo DSi Service.

Chapter VII: Other

Article 1: Third-Party Providers

We may use third parties to provide any portion of the Nintendo DSi Service. We may offer third party services or material to you (including Content and Products) through the Nintendo DSi Service, so you may use Points to purchase from us a license to use such Content or to get Product. We may also allow third parties to directly provide Third-Party Data to you through the Nintendo DSi Service.

Article 2: Intellectual Property

We own all right, title and interest in, or have the right to distribute, use or sublicense, the Nintendo DSi and the Nintendo IP. We do not provide you with any interest in the Nintendo DSi or the Nintendo IP. Except as expressly authorized by us in writing, you may not create works based on the Nintendo DSi or the Nintendo IP or modify, distribute, or transmit the Nintendo IP. 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 DSi Service, or, in the alternative, an unlimited license thereto.

We respect the intellectual property of others. If you believe that any material within the Nintendo DSi 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 15. 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 DSi System or the Nintendo DSi Service.

Article 4: Parental Controls Function

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

Article 5: Code of Conduct

Your use of the Nintendo DSi is subject to the Nintendo DSi Code of Conduct, which prohibits all harmful, illegal or otherwise offensive conduct. The most current version of the Nintendo DSi Code of Conduct, which may be revised by us from time to time, is posted at http://support.nintendo.com. You may also contact our -department, and we will mail you the current version, free of charge.

Article 6: Submissions

Please do not send us any creative or original materials such as ideas for toys, games, or other products, or any creative suggestions, ideas, notes, drawings, concepts, or other information through the Nintendo DSi or otherwise. Any unsolicited submissions become our sole and exclusive property and may be used by us with no obligation of confidentiality, payment, or attribution.

Article 7: Protection of Personal Information

We are committed to protecting the privacy and security of your personal information. Your use of the Nintendo DSi is subject to the Nintendo DSi Privacy Policy, which applies to information submitted or collected through the Nintendo DSi Service. The most current version of the Nintendo DSi Privacy Policy, which may be revised by us from time to time, is posted at http://support.nintendo.com. You may also contact our -department, and we will mail you the current version, free of charge.

Article 8: Warranties

ALTHOUGH WE STAND BEHIND OUR SERVICE, CONTENT AND PRODUCTS, WE AND OUR LICENSEES, LICENSORS AND SUPPLIERS ARE PROVIDING THE NINTENDO DSi "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE), TO THE MAXIMUM EXTENT PERMITTED BY LAW. USE OF THE NINTENDO DSi IS AT YOUR SOLE RISK. THIS MEANS, FOR EXAMPLE, THAT WE DO NOT GUARANTEE THAT THE NINTENDO DSi WILL ALWAYS WORK PROPERLY. THIS ALSO MEANS WE DO NOT GUARANTEE THAT THE NINTENDO DSi SERVICE, CONTENT OR PRODUCTS WILL BE FREE FROM VIRUSES, HACKS, OR OTHER POTENTIALLY HARMFUL INTRUSIONS. PLEASE NOTE THAT SOME STATES DO NOT ALLOW SUCH WARRANTY LIMITATIONS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE SEE THE NINTENDO DSi OPERATIONS MANUAL FOR ANY WARRANTIES THAT APPLY TO THE NINTENDO DSi SYSTEM.

Article 9: Limitation on Claims

If you think you have a claim against us related to the Nintendo DSi System or the Nintendo DSi Service, you must take legal action within one year after the date of the alleged incident. After the one-year period expires, you may never raise that claim.

Article 10: Change, Suspension or Discontinuance of Nintendo DSi Service

We may change, suspend, or discontinue the Nintendo DSi Service, or any feature or aspect of the Nintendo DSi 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 DSi Service, Content, Products, Points, and the number of Points required to redeem particular Content or Products.

Article 11: Limited Responsibilities and Indemnification

You agree to waive any and all rights to claim damages or losses caused to you or relating to your inability to use the Nintendo DSi (or to anyone else using the Nintendo DSi through your Nintendo DSi System). You understand you might never be fully compensated for that damage or loss if we or one of our licensees, licensors or suppliers (collectively referred to in this Article 11 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 for Points. 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, or incidental damages to you.
• We are also not liable to anyone else or for the actions or inactions of anyone else. For example, if your friend is somehow harmed using the Nintendo DSi or the Nintendo DSi System, we are not responsible to you, your friend, or anyone else. If another person somehow harms you while using your Nintendo DSi System or Nintendo DSi Service, we are not liable to you for that other person's actions.

These limitations on liability apply to all matters relating to the Nintendo DSi and the Nintendo DSi System, including your use of the Nintendo DSi and your use of Content or Products that do not specify other limitations on 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 states or provinces do not permit certain limitations like these, so these limits on other damages may not fully apply to you.

If you breach this agreement, and we or another company or person is harmed by your breach, then you must indemnify us (and our licensees, licensors, and suppliers and any of our employees) from all of the losses and costs related to your breach, including our attorneys fees. You must also indemnify us for any claims relating to Third-Party Data modified, created, or sent by you.

Article 12: Expiration and Termination of Agreement

• You may cancel your Nintendo DSi Shop Account by contacting our -department or by following the instructions in the Nintendo DSi Shop. If your Nintendo DSi Shop Account is canceled or terminated for any reason, you will no longer be able to use the Nintendo DSi Shop. You will lose all downloaded Content and forfeit any rights to any unused Points, which become our property.
• You may terminate this agreement by removing Content from your Nintendo DSi System, discontinuing use of the Nintendo DSi Service, and forfeiting any rights to Points in your Nintendo DSi Shop Account, which become our property.
• We may terminate this agreement, or any portion thereof, at any time, for any reason whatsoever. Such termination will void any licenses granted in accordance with this agreement and may prevent your use of the Nintendo DSi Service.
• We have no obligation to return or refund Points to you, even if the agreement ends.
• In the event this agreement is terminated or canceled, the following sections will remain in effect: Unauthorized Software, Services or Devices or Unlicensed Accessories; Credit-Card Charges and Your Billing Account; Intellectual Property; Hosting, Emulating, Intercepting, and Reverse-Engineering Prohibited; Submissions; Warranties; Limitation on Claims; Limited Responsibilities and Indemnification; Expiration and Termination of this Agreement; Governing Law and Legal Jurisdiction; and Agreement Interpretation.

Article 13: Current Agreement and Update

We may change the terms and conditions of this agreement, the Nintendo DSi Code of Conduct, or the Nintendo DSi Privacy Policy, at any time. A current version of this agreement will be available on the Internet at http://support.nintendo.com. If you do not have Internet access, you may contact our -department, and we will mail you a current version of this agreement, free of charge. We will post notice on http://support.nintendo.com if the agreement is changed at least 5 days before the changes become legally binding. If you do not agree to these changes, you must cancel your Nintendo DSi in accordance with this agreement. If you do not have Internet access, you should periodically contact our department and ask whether there have been any changes to the agreement since the last version you obtained.

Article 14: Sale, Transfer and Assignment Prohibited

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

Article 15: Service/Notices

To contact our -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, 4820 150th Ave NE, Redmond, WA 98052; or (iii) call, toll free, 1-888-977-7627.

For all legal matters, such as to file a claim against us or to notify us of an alleged infringement, you must contact or notify us in writing at: Nintendo of America Inc., Attn: General Counsel, 4820 150th Ave NE, Redmond, WA 98052.

Article 16: 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, without reference to conflict of laws principles. If you want to sue us with respect to a claim related to this agreement, your lawsuit must be brought in King County, Washington, 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 deleted from the agreement, but all other parts of the agreement will remain in effect. You further agree that we may replace the invalid part by a provision which reflects or comes closest to reflecting the initial intention. 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 17: Definitions

"Content" means the software, services, material and other data which we own or have the right to use, distribute or sublicense, and which we send to, or make available as a download through, the Nintendo DSi System or the Nintendo DSi Service.

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

"Points" means the points that you purchase from us through the Nintendo DSi Shop or through points cards sold or distributed by us or our retailers and promotional partners and that you may exchange with us for a license to download Content or to purchase Products.

"Products" means any goods other than Content that are made available for purchase from us through the Nintendo DSi Shop.

"Third-Party Data" means Content or other software, services, material, messages (including commercial and non-commercial messages), links to Internet sites, and other data either created by, or sent to, your Nintendo DSi System through the Nintendo DSi by any non-Nintendo entity or person (including you).

"Nintendo DSi Service" means the whereby we can distribute Content, messages (including commercial and non-commercial messages) and other data to your Nintendo DSi System, or link you to an Internet site, and whereby you can send and receive Content, messages (including commercial and non-commercial messages), and other data, including Third-Party Data, using your Nintendo DSi System. The "Nintendo DSi Service" includes, but is not limited to, the Nintendo DSi Shop and Nintendo Zones.

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

"Nintendo DSi Shop" means our online Nintendo DSi System's store, which offers such things as Points, Content, Products, and a download service, all of which Nintendo directly or indirectly operates.

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

Nintendo DSi Privacy Policy

Last Updated: April 5, 2009

Nintendo is dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect. This Nintendo DSi Privacy Policy ("Privacy Policy") is intended to provide you with an understanding of information that may be submitted and collected through use of the Nintendo DSi System. 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 http://support.nintendo.com or contacting our department at (888) 977-7627. When we update this Privacy Policy, we will revise the "Last Updated" date above. This Privacy Policy only applies to information submitted or collected from your Nintendo DSi. Information you may submit through any of Nintendo's Web sites or the Wii console is subject to the applicable privacy policy posted at http://support.nintendo.com.

Please read this Privacy Policy; it applies to use of your Nintendo DSi by you and any other person using your Nintendo DSi (whether you gave them permission to use it or not).

ATTENTION PARENTS OR LEGAL GUARDIANS: PROTECTING CHILDREN'S PRIVACY

We do not knowingly collect personally identifiable information from children under the age of 13, absent verifiable parental consent.

Before allowing your children to use the Nintendo DSi, we strongly recommend you educate them on the importance of not sharing personally identifiable information about themselves with strangers. In particular, we recommend you tell your children not to use any personally identifiable information for their Nintendo DSi user name, in-game nicknames, or when communicating with other Nintendo DSi users through the Nintendo DSi wireless communication features.

We strongly recommend you assist your children with the setup of their Nintendo DSi, and that you supervise your children's use of the Nintendo DSi at all times. You can restrict your children’s use of certain features of the Nintendo DSi by setting up the Nintendo DSi Parental Controls function.

For a detailed description of the Nintendo DSi wireless communication features and Parental Controls, please see the Nintendo DSi Operations Manual included with your Nintendo DSi and also available at http://support.nintendo.com.

INFORMATION COLLECTED

"Personal Information" is information that may be used to identify you such as your name, address, telephone number, or name based email address (for example, Nintendo@Nintendo.com). We only collect Personal Information you provide to us or as described below. If you choose not to provide us with Personal Information, use of your Nintendo DSi will not be affected, except to the extent that certain features, such as those described in the section immediately below, request disclosure of certain Personal Information.

In addition to the Personal Information you provide to us, we may collect anonymous information from you such as your age, gender, geographic area, Nintendo DSi internet protocol ("IP") address, and media access control ("MAC") address. We will not link your Personal Information with any anonymous or aggregate information we collect from you unless (1) you authorize us to do so; (2) you choose to link your DSi Shop Account to your Club Nintendo account; (3) we notify you first; or (4) we are responding to legal process. In order to provide you with more customized services, we may also receive and record information on our server logs from the Nintendo Wi-Fi Connection ("WFC"), including but not limited to your IP address, MAC address, cookies, transactions, settings and download activity. If you do not want Nintendo to collect this information you can turn off Nintendo WFC on your Nintendo DSi.

If you provide sensitive information when communicating with third parties via your Nintendo DSi, Nintendo does not receive or collect that information. Your Nintendo DSi may store on its hard drive Personal Information or sensitive information for your convenience.

HOW SUCH INFORMATION IS COLLECTED AND USED

We may collect Personal, anonymous or aggregate information from you for several purposes including to: (i) customize your Nintendo DSi Shop catalog and other catalogs; (ii) communicate with you regarding games, contests, sweepstakes, surveys, product changes, Nintendo WFC issues and more; (iii) facilitate your use of certain Nintendo DSi applications and features; (iv) process orders you have placed through your Nintendo DSi; and (v) set up repair orders. Some of the types of information collected and the way the information is handled are detailed by category below.

Surveys: We may conduct surveys of Nintendo DSi users. The information we collect from you in a survey will be demographic or opinion information and will not be tied to your Personal Information unless we notify you otherwise. The results of anonymous or aggregate data collected from surveys, but not Personal Information, may be disclosed to the public.

Contests and Sweepstakes: We may host various contests and sweepstakes. To enter you may be required to submit certain Personal Information about yourself. For more information about Nintendo contests or sweepstakes, please see the official rules of the contest or sweepstake you are entering.

Nintendo DSi Online Applications: Certain Nintendo DSi online applications may request anonymous information from you, which we may use to recommend games to you or to develop new games and services. For more information, please visit http://support.nintendo.com

Nintendo DSi Shop Account: If you pay for items through the Nintendo DSi Shop with your credit card, you need to provide a valid credit card number, expiration date, credit card security code and your city, state/county/province and zip code/postal code. We do not ask for your name or your complete address unless you order items that we must ship to you, rather than deliver via a download. You must be over the age of 18 to place orders online. Any credit card information you submit through the Nintendo DSi Shop will be transmitted using SSL encryption. All such encrypted information will be maintained and processed by Nintendo and its trusted third party credit card processors on secure computers that are not accessible from the Internet. This encrypted information is subject to the section below entitled "Security."

IP Addresses: Your Nintendo DSi is automatically assigned an IP address by your Internet Provider when you connect to Nintendo WFC. Nintendo WFC automatically creates log files of user activities via Nintendo WFC and may also record the IP address and MAC address of users. In general, we only use log files to monitor traffic on our Web sites and to troubleshoot technical problems. In the event you do not comply with the Nintendo DSi End User License Agreement ("EULA") or Nintendo DSi Code of Conduct when using Nintendo WFC we may block your IP address. We do not link IP addresses to Personal Information unless we notify you or unless necessary to enforce our Nintendo DSi EULA or Code of Conduct or to respond to legal process.

Web Beacons: Certain Nintendo DSi online applications may use a common Internet technology called "Web beacons" (also called "Web bugs," "action tags," "pixel trackers," or "clear GIFs"), which are small graphic images placed on a Web page, Web-based document, or in an email message, designed to collect certain information and monitor user activity online. Web beacons are invisible to you because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document or email message. We may use Web beacons to collect anonymous information such as the Nintendo DSi 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 do not use Web beacons to collect Personal Information. We may use the anonymous information collected through Web beacons to determine how to improve the Nintendo DSi applications by seeing which areas, features, and products are most popular; personalizing the Nintendo DSi services and making recommendations based on downloaded products; and completing transactions you have requested.

In the event you visit a third party’s Web site through the Internet browser on the Nintendo DSi, or you choose to view an ad from a third party, such as those made available at Nintendo Zone stations, those Web sites or ads may also contain tools such as cookies and Web beacons which may be accessible to such third party.

Cookies: Certain online Nintendo DSi applications may use cookies, which are small text files that a Web site places on your Nintendo DSi. These files identify your Nintendo DSi and record data about your visit so that when you return to a Web site, the site recognizes your Nintendo DSi 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, to determine how to improve the Nintendo DSi applications by seeing which areas, features, and products are most popular; personalizing the Nintendo DSi services and making recommendations based on downloaded products; and completing transactions you have requested.

Other: In order to constantly improve the products and services we provide and better meet your needs, we may also use your Personal Information as well as anonymous or aggregate information for our marketing purposes, demographic studies, and quality assurance. In some cases, we may add to or update your Personal Information with data collected from offline sources (e.g., mail-in registration cards or date of purchase information from retailers). If we combine information collected offline with information collected through the Nintendo DSi, the combined Personal Information will be treated in accordance with this Privacy Policy.

DISCLOSURE OF INFORMATION

We do not sell or rent any of our s’ Personal Information to third parties. We may, however, share Personal, aggregate or anonymous information with our vendors to help us perform various functions necessary to operate our business (for example, completing downloads or purchases, developing and executing marketing campaigns, etc.) and with our affiliated companies. We also may disclose your email address to our partners for the sole purpose of sending you email messages you have requested, or to ensure that you do not receive such messages if you have opted out of receiving them. These partners are prohibited from using your email address for any other purpose. We may disclose Personal Information in order to comply with legal process, respond to claims or inquiries, or protect the rights, property or personal safety of Nintendo, our s or the public. In addition, information about our s, including Personal Information, may be disclosed as part of any merger, sale, transfer of company assets, or acquisition, if permitted by and done in accordance with applicable laws

LINKING ACCOUNTS

You may link your Nintendo DSi Shop Account to your Club Nintendo account to receive personalized content and participate in a variety of activities, promotions and programs. Once you have linked your Club Nintendo account to your DSi Shop Account, any Personal Information you enter on your Club Nintendo account will be linked to your DSi Shop Account.

NINTENDO DSi GAMES

Certain Nintendo DSi games and features give you the opportunity to create a nickname, create a user name and interact with other Nintendo DSi users. We strongly encourage you not to use your own name for any nicknames or user names you may create. In addition, we strongly encourage you not to share Personal Information about yourself and not to allow your children to share Personal Information about themselves with other Nintendo DSi users.

For certain Nintendo DSi applications, including some Nintendo DSi games, your Nintendo DSi Friends may have access to information such as whether you have downloaded or are using a particular Nintendo DSi game.

INFORMATION STORED ON YOUR NINTENDO DSi

Certain sensitive or Personal Information about you may be stored on your Nintendo DSi. For your protection, before selling or otherwise transferring your Nintendo DSi, please be sure to clean and securely remove all Personal Information, any content you created, and all other stored sensitive information on the Nintendo DSi. For instructions on how to remove this information, please see the Internet Setup section of your Nintendo DSi Operations Manual.

SECURITY

We have established reasonable safeguards to secure sensitive and Personal Information collected directly by us in an effort to ensure the security, integrity and privacy of the Personal Information submitted or collected from your Nintendo DSi. We also have implemented reasonable security measures in an effort to protect information under our control against loss, misuse or alteration. Personal Information is stored in firewall-protected servers. Nintendo will notify users of a data breach involving unencrypted Personal Information by email or by posting a notice on our website. We also work hard to limit access to Personal Information to those employees performing a legitimate business function. While we strive to safeguard your sensitive and Personal Information, 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 from and provided by you to other persons or entities may not have the same security protections as information you submit to us, and you are responsible for protecting the security of any such information.

If you install unauthorized applications or content to your Nintendo DSi, your sensitive or Personal Information may be collected or compromised. Nintendo is not responsible for any data collection, use or disclosure resulting from the use or installation of unauthorized applications or content.

UPDATING YOUR INFORMATION OR OPTING OUT OF INFORMATION COLLECTION

Use of the Nintendo DSi does not require disclosure of Personal Information. If you have provided Personal Information to us, you can update your preferences or opt-out of further collection as follows. In order to completely opt-out from the collection of any information about you relating to the Nintendo DSi, both anonymous and Personal, you must disable your Nintendo WFC. If you have linked your Club Nintendo account to your Nintendo DSi Shop Account or other Nintendo DSi online applications, (collectively "Features"), you must unlink those Features from your Club Nintendo account in order to stop the collection of information about you. You may do so in the Settings section of the Nintendo DSi Shop.

INTERNATIONAL USERS

Any information you provide or that is collected through the Nintendo DSi 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, Personal Information may be accessed by foreign governmental authorities and otherwise in accordance with the laws applicable in the jurisdiction in which it is stored. By using the Nintendo DSi, 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 or our practices, please contact the Nintendo DSi Privacy Policy Administrator via email at privacypolicy@noa.nintendo.com, by phone at (888) 977-7627, or by regular mail at Nintendo, Attn: Online Privacy Policy Administrator, 4820 150th Avenue NE, Redmond, WA 98052.

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 or privacyinfo@esrb.org.

Nintendo DSi - Health and Safety Precautions

Important Safety Information - Read the following warnings before setup or use of the Nintendo DSi. 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 - 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 - Repetitive Motion Injuries and Eyestrain
Playing video games can make your muscles, joints, skin or eyes hurt. Follow these instructions to avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:

• 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.
• 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.
• 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.

 

WARNING - Battery Leakage
Nintendo portable video game systems contain 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 DS. 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 DS can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers.

• Do not operate the Nintendo DS 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 DS 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 DSi 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 DS Health and Safety Precautions booklet (link) for additional information on hardware and software precautions and maintenance.

Nintendo DSi Code of Conduct

This Nintendo DSi Network Code of Conduct ("Nintendo DSi Code of Conduct") outlines the rules that you must follow to participate in the Nintendo DSi Service. These rules are designed to keep the Nintendo DSi a friendly and safe environment.

The Nintendo DSi Code of Conduct may be found at http://support.nintendo.com and may be revised and updated by us at anytime. If you do not have Internet access, please contact Nintendo |to receive a current version of the Nintendo DSi Code of Conduct, free of charge. All capitalized terms not defined in this Nintendo DSi Code of Conduct will have the meaning set forth in the Nintendo DSi Services User Agreement.

1. Your use of the Nintendo DSi is subject to this Nintendo DSi 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 itself, and/or its employees, moderators, or staff.
   • Doing anything illegal, discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous or otherwise objectionable, in Nintendo’s sole discretion, in connection with the Nintendo DSi Service.
   • Downloading, sharing or playing unauthorized software, copies of games, music or images on the Nintendo DSi System. This activity may be illegal and voids your warranty.
   • Using an unauthorized device with the Nintendo DSi System or making unauthorized technical modifications to your Nintendo DSi System voids your warranty and may be illegal. Nintendo may make technical changes to the Nintendo DSi System, software and/or Nintendo DSi to disable the modification.
   • Making new versions of existing Content or Products ("derivatives").
   • Trying to access another person’s Nintendo DSi without permission or trying to access any of Nintendo’s computers, hardware or networks used to provide the Nintendo DSi Service.
   • 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 DSi Service, regardless of the method used to do so.
   • Engaging in any commercial activity using the Nintendo DSi System or any other activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of a Nintendo DSi System, including the Nintendo DSi or networks connected to the Nintendo DSi Service.
   • Accessing or attempting to access another person’s Nintendo DSi System, including, but not limited to a person’s Nintendo DSi Shop Account without permission or trying to 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; or (e) content to which you have disguised the origin.
2. Nintendo is not responsible for anything you communicate using the Nintendo DSi System or anything that happens on the Nintendo DSi or as a result of your use of the Nintendo DSi Service; you alone are responsible.
3. Virtual Property. Some games or other content may have certain features that may be traded with other Nintendo DSi 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 or for Points.
4. Nintendo reserves the right to immediately terminate or suspend your use of the Nintendo DSi for, in Nintendo’s sole discretion, any violation of this Nintendo DSi Code of Conduct. Nintendo reserves the right to contact and cooperate with any law enforcement agencies, government officials or Internet 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.

IMPORTANT SAFETY INFORMATION
READ THE FOLLOWING WARNINGS BEFORE YOU OR YOUR CHILD PLAY VIDEO GAMES

SEIZURE WARNING

• Some people (about 1 in 4000) may have seizures or blackouts triggered by light flashes or patterns, such as while 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 when their children play video games. Stop playing and consult a doctor if you or your child have any of the following symptoms:
  
  

  Convulsions Loss of awareness Involuntary movement

  Eye or muscle twitching Altered vision 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 - Repetitive Motion Injuries and Eyestrain
Playing video games can make your muscles, joints, skin or eyes hurt after a few hours. Follow these instructions to avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:

• Avoid excessive play. It is recommended that parents monitor their children for appropriate play.
• Take a 10 to 15 minute break every hour, even if you don't think you need it.
• If your hands, wrists, arms or eyes become tired or sore while playing, stop and rest them for several hours before playing again.
• If you continue to have sore hands, wrists, arms or eyes during or after play, stop playing and see a doctor.

BATTERY LEAKAGE
Leakage of battery acid can cause personal injury as well as damage to your Game Boy. If
battery leakage occurs, thoroughly wash the affected skin and clothes. Keep battery acid away
from your eyes and mouth. Leaking batteries may make popping sounds.

To avoid battery leakage:

• Do not mix used and new batteries (replace all batteries at the same time).
• Do not mix alkaline with any other type of battery (carbon zinc, nickel cadmium, etc).
• Do not mix different brands of batteries.
• Do not use nickel cadmium (nicad) batteries in your Game Boy, Game Boy pocket or
  Game Boy Color.
• For Game Boy Advance use only alkaline batteries. Do not use nickel cadmium (nicad),
  nickel metal hydride (nimh), carbon zinc or any other non-alkaline batteries.
• Do not leave used batteries in the Game Boy. When the batteries are losing their charge,
  the power light may become dim, the game sounds may become weak, or the display
  screen may be blank. When this happens, promptly replace all used batteries with new batteries.
• Do not leave batteries in the Game Boy or accessory for long periods of non-use.
• Do not leave the power switch on after the batteries have lost their charge. When you finish
  using the Game Boy, always slide the power switch OFF.
• Do not recharge the batteries.
• Do not put the batteries in backwards. Make sure that the positive (+) and negative (-) ends
  are facing in the correct directions. Insert the negative end first. When removing batteries,
  remove the positive end first.
• Do not dispose of batteries in a fire.

The Game Boy Advance SP 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 Game Boy. 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 seek medical attention.

To avoid battery leakage:

• Do not expose battery to excessive physical shock or vibration.
• 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.

HARDWARE PRECAUTIONS / MAINTENANCE

1. Do not disassemble or try to repair the Game Boy or components. Doing so voids your
   warranty.
2. Always slide the power switch of the Game Boy off before loading or removing a Game
   Pak. Insert the Game Pak completely without forcing either the Game Pak or the Game Boy.
3. Do not store the Game Boy in a humid place, on the floor or in any location where it may
   collect dirt, dust, lint, etc.
4. Do not drop, hit or otherwise abuse the Game Boy or components.
5. Make sure all connections to the Game Boy are made carefully and inserted into the
   correct locations only. Hold plugs straight when inserting them into a socket.
6. When disconnecting any plugs from the Game Boy or wall outlet, first turn the Game Boy
   off. Then carefully pull by the plug itself rather than by the cord. Do not step on, sharply
   pull or bend any wires or cables.
7. Do not expose the Game Boy, Game Paks or any of the Game Boy components to
   extreme heat or cold. The liquid crystal display (LCD) may become slower or may not
   work when the temperature is low. The LCD will deteriorate at a high temperature. Take
   care not to expose the Game Boy to direct sunlight for extended periods of time.
8. The LCD may be damaged by sharp objects or pressure. Take great care to protect the
   display from scratches or stains.
9. Connect ONLY special accessories designed for use with the Game Boy to the external
   power supply terminal or the extension connector.
10. Do not spill liquids on the Game Boy, Game Paks or any other of the Game Boy
    components. To clean, use a soft slightly damp cloth. Allow the component to dry
    completely before using again. (Use water only.)
11. Do not rapidly turn the power switch on and off, as this may shorten the life of the
    batteries and cause battery backed-up Game Paks to lose your stored game information.
12. For the best game image, look directly at the Game Boy display from the front and
    operate only in a good light.
13. To avoid dirt or dust from getting into the Game Boy, always leave a Game Pak loaded
    (with the power off), when not in use.
14. When using an AC adapter, make sure you are using the correct model appropriate for
    your Game Boy. Always unplug the AC adapter from the wall outlet when not in use.

GAME PAK PRECAUTIONS / MAINTENANCE

1. Avoid touching the connectors with your fingers. Do not blow on them or allow them to get
   wet or dirty. Doing so may damage the Game Pak and/or the Game Boy.
2. The Game Pak is a high precision piece of electronics. Do not store it in places that are
   very hot or cold. Do not hit, drop or otherwise abuse it. Do not take it apart.
3. Do not clean with benzene, paint thinner, alcohol or any other solvent.
4. Always check the Game Pak edge connector for foreign material before inserting the
   Game Pak into the Game Boy. To prevent the edge connectors from becoming dirty, we
   recommend that you regularly use the Game Boy Cleaning Wand. (Sold separately. Visit
   our on-line store at www.nintendo.com or call 1-800-255-3700.)

FCC INFORMATION
COMPLIANCE WITH FCC REGULATIONS
Under FCC rules, changes or modifications to this product not expressly approved by the
manufacturer could void the user's authority to operate this product. This product has been
tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the
FCC Rules. These limits are designed to provide reasonable protection against harmful
interference in a residential installation. This product generates, uses and can radiate radio
frequency energy and, if not installed and used in accordance with the instructions, may cause
harmful interference to radio communications. However, there is no guarantee that interference
will not occur in a particular installation. If this product does cause harmful interference to radio
or television reception, which can be determined by turning the product off and on, the user is
encouraged to try to correct the interference by one or more of the following measures:

• Reorient or relocate the receiving antenna
• Move the Game Boy away from the receiver
• Plug the AC adapter from the Game Boy into a different outlet so the Game Boy and
  receiver are on different circuits
• Consult the dealer, an experienced radio/TV technician or a NINTENDO
  AUTHORIZED REPAIR CENTER for help or suggestions.

The user may find the following booklet prepared by the Federal Communications Commission
helpful: How to Identify and Resolve Radio-TV Interference Problems. This booklet is available
from the U.S. Government Printing Office, Washington, D.C., 20402, Stock No. 004-000-00345-4.

PATENT INFORMATION
Nintendo products are protected by some or all of the following patents:
United States Patent Numbers: 4,687,200; 4,932,904; 5,095,798; 5,134,391; 5,184,830;
5,207,426; 5,291,189; 5,327,158; 5,337,069; 5,371,512; 5,400,052; 5,483,257; 5,495,266;
5,509,663; 5,608,424; 5,708,457; D453,320; D455,403; D456,008.
Canadian Patent Numbers: 1,226,605; 2,007,434; 2,007,435; 2,037,909; 2,048,167;
2,049,899; 2,049,900; 2,049,914; 2,051,655; 2,055,718; 2,055,724; 94,705; 96,338.
Other patents issued and pending in the U.S., Canada and elsewhere.

TM, SM and ® are trademarks of Nintendo. © 1992-2003 Nintendo. All Rights Reserved. Nintendo of Canada Ltd., Authorized User in Canada.

IMPORTANT SAFETY INFORMATION
READ THE FOLLOWING WARNINGS BEFORE YOU OR YOUR CHILD PLAY VIDEO GAMES

WARNING - Seizures

• Some people (about 1 in 4000) may have seizures or blackouts triggered by light flashes or patterns, such as while watching TV or playing video games, even if they have never had a seizure in the past.
• 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 when their children play video games. Stop playing and consult a doctor if you or your child have any of the following symptoms:
  
  

  Convulsions Loss of awareness Involuntary movements		Eye or muscle twitching Altered vision 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 - Repetitive Motion Injuries and Eyestrain
Playing video games can make your muscles, joints, skin or eyes hurt after a few hours. Follow these instructions to avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:

• Avoid excessive play. It is recommended that parents monitor their children for appropriate play.
• Take a 10 to 15 minute break every hour, even if you don't think you need it.
• If your hands, wrists, arms or eyes become tired or sore while playing, stop and rest them for several hours before playing again.
• If you continue to have sore hands, wrists, arms or eyes during or after play, stop playing and see a doctor.

WARNING - Electric Shock
To avoid electric shock when you use this system:

• Do not use the Nintendo GameCube during a lightning storm. There may be a risk of electric shock from lightning.
• Use only the AC adapter that comes with your system.
• Do not use the AC adapter if it has damaged, split or broken cords or wires.
• Make sure that the AC adapter cord is fully inserted into the wall outlet or extension cord.
• Always carefully disconnect all plugs by pulling on the plug and not on the cord. Make sure the Nintendo GameCube power switch is turned OFF before removing the AC adapter cord from an outlet.

TM, SM, ® and the Nintendo GameCube logo are trademarks of Nintendo. © 2001 Nintendo All Rights Reserved. Nintendo of Canada Ltd., Authorized User in Canada

CAUTION - Laser Device
The Nintendo GameCube is a Class I laser product. Do not attempt to disassemble the Nintendo GameCube. Refer servicing to qualified personnel only. Caution: Use of controls or adjustments or procedures other than those specified herein may result in hazardous radiation exposure.

CAUTION - Motion Sickness
Playing video games can cause motion sickness. If you or your child feel dizzy or nauseous when playing video games with this system, stop playing and rest. Do not drive or engage in other demanding activity until you feel better.

CAUTION - TV Screen Damage

Some televisions can be damaged by the display of a stationary image, because
the image may be permanently "burned" into the screen. Playing video games with stationary images or patterns, or leaving video games on hold or pause, may lead to this type of damage. When taking a break, place the game on pause and turn the TV off until you are ready to play again.

Before using your Nintendo system with any TV, especially front and rear projection, be sure to review all documentation included with your TV to find out whether video games can be played on the TV without damaging it. If in doubt, contact the manufacturer of the TV. Neither Nintendo nor any of Nintendo's licensees will be liable for any damage to your TV.

Game Disc Precautions / Maintenance

1. Do not touch the bottom unprinted surface of the Game Disc. Always handle the disc by the edges.
2. Do not use cracked, deformed or repaired discs.
3. Do not bend or put excessive pressure on discs when loading into console.
4. Do not leave discs in direct sunlight or expose to high temperatures, high humidity or dust, dirt or other contaminates.
5. When not using discs, store them in their cases to prevent them from getting scratched, dirty or damaged.
6. Do not write on, or place stickers on any part of the disc.
7. If a disc becomes dirty or contaminated with fingerprints, the system may not be able to read the game data correctly. If necessary, clean the disc with a soft, slightly damp cotton cloth (use water only). Clean the disc from center towards the edges; do not use a circular motion.

Hardware Precautions / Maintenance

1. Always make sure that the Nintendo GameCube Game Disc has stopped spinning before removing or loading a new disc. Load ONLY Nintendo GameCube Game Discs into your Nintendo GameCube.
2. Do not touch the lens on the inside of the disc cover.
3. To prevent dust, dirt or other foreign matter from contaminating the console, do not leave the disc cover open for long periods of time.
4. Do not use any type of AC Adapter other than the one provided with your system.
The AC Adapter and console may become warm during use; this is normal and is no cause for concern.
5. The console has intake and exhaust vents on the right and left sides designed to maintain adequate ventilation. Do not operate the console in any location where these vents may become covered or obstructed.
6. Do not disassemble or try to repair the Nintendo GameCube, accessories or components. Doing so voids your warranty.
7. After you have finished playing, be sure to remove the Game Disc from the console.
8. Do not store the Nintendo GameCube in a humid place, on the floor or in any location where it may collect dirt, dust, lint, etc.
9. Do not drop, hit or otherwise abuse the Nintendo GameCube system, components or accessories.
10. Do not leave the system turned on for extended periods when not in use.
11. When disconnecting any plugs from the console or wall outlet, first turn the Nintendo GameCube off. Then carefully pull by the plug itself rather than by the cord. Do not step on, sharply pull or bend any wire or cables.
12. Do not expose the Nintendo GameCube system, components or accessories to extreme heat or cold.
13. Do not spill liquids on the Nintendo GameCube system, components or accessories. To clean, use a soft slightly damp cloth. Allow the component to dry completely before using again. (Use water only.)

Patent Information
Nintendo products are protected by some or all of the following patents:
United States Patent Numbers: 4,687,200; 5,207,426; 5,984,785; 6,007,428; 6,102,803; 6,186,896; 6,200,253.
Canadian Patent Numbers: 1226605; 2048167.
Other patents are issued and pending in the U.S., Canada and elsewhere.

FCC Information
COMPLIANCE WITH FCC REGULATIONS

Under FCC rules, changes or modifications to this product not expressly approved by the manufacturer could void the user's authority to operate this product. This product has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This product generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this product does cause harmful interference to radio or television reception, which can be determined by turning the product off and on, the user is encouraged to try to correct the interference by one or more of the following measures listed on the next page.

• Reorient or relocate the receiving antenna
• Move the Nintendo GameCube console away from the receiver
• Plug the AC adapter from the console into a different outlet so the console and receiver are on different circuits
• Consult the dealer, an experienced radio/TV technician or a NINTENDO AUTHORIZED REPAIR CENTERS for help or suggestions. The user may find the following booklet prepared by the Federal Communications Commission helpful: How to Identify and Resolve Radio-TV Interference Problems. This booklet is available from the U.S. Government Printing Office, Washington, D.C., 20402, Stock No. 004-000-00345-4.

IMPORTANT SAFETY INFORMATION - READ THE FOLLOWING
WARNINGS BEFORE YOU OR YOUR CHILD PLAY VIDEO GAMES.
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.

SEIZURE WARNING

• Some people (about 1 in 4000) may have seizures or blackouts triggered by light flashes or patterns, such as while 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 when their children play video games. Stop playing and consult a doctor if you or your child have any of the following symptoms:

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

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

• Avoid excessive play. It is recommended that parents monitor their children for
  appropriate play.
• Take a 10 to 15 minute break every hour, even if you don't think you need it.
• If your hands, wrists, arms or eyes become tired or sore while playing, stop and rest them for several hours before playing again.
• If you continue to have sore hands, wrists, arms or eyes during or after play, stop playing and see a doctor.
  

BATTERY LEAKAGE

The Nintendo DS 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 DS. 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 seek medical attention.

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 DS can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers.

• Do not operate the Nintendo DS 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 DS without first consulting your physician 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.
  

HARDWARE PRECAUTIONS / MAINTENANCE

1. Do not disassemble or try to repair the Nintendo DS, components or accessories. Doing so voids your warranty.
2. Always turn the Nintendo DS power OFF before loading or removing a Game Card. Insert the Game Card completely until it clicks into place, without forcing either the Game Card or the Nintendo DS.
3. Do not store the Nintendo DS in a humid place, on the floor or in any location where it may contact moisture, dirt, dust, lint, or other foreign material.
4. Do not drop, hit or otherwise abuse the Nintendo DS, components or accessories. This may damage the LCD screens or other precision components of the Nintendo DS.
5. Make sure all connections to the Nintendo DS are made carefully and inserted into the correct locations only. Hold plugs straight when inserting them into a socket.
6. When disconnecting any plugs from the Nintendo DS or wall outlet, first turn the Nintendo DS OFF. Then carefully pull by the plug itself rather than by the cord. Do not step on, sharply pull or bend any wires or cables. Do not expose the Nintendo DS, Game Cards or any of the Nintendo DS components or accessories to extreme heat or cold. The liquid crystal displays (LCD) may become slower or may not work when the temperature is low. The LCD will deteriorate at a high temperature. Take care not to expose the Nintendo DS to direct sunlight for extended periods of time.
7. The LCD screens may be damaged by sharp objects or pressure. Take great care to protect the displays from scratches or stains.
8. Connect ONLY accessories designed and licensed for use with the Nintendo DS to any external connectors.
9. Do not spill liquids on the Nintendo DS, Game Cards or other components or accessories. If the Nintendo DS comes into contact with liquids, wipe clean with a soft, slightly damp cloth (use water only). Remove the battery cover and battery. If liquid came into contact with the battery, do not reuse it. Call Nintendo Customer Service at 1-800-255-3700 for further instructions on battery replacement and possible service to your Nintendo DS.
10. Do not rapidly turn the power switch ON and OFF, as this may shorten the life of the battery and cause Game Cards to lose your stored game information.
11. To avoid dirt or dust from getting into the Nintendo DS, always leave a Game Card and Game Boy® Advance Game Pak loaded (with the power off), when not in use.
12. When using an AC adapter, make sure you are using the correct model appropriate for your Nintendo DS. Always unplug the AC apter from the wall outlet when not in use.
13. Do not use the AC adapter if the cable or plug are damaged.
14. The AC adapter is intended to be correctly oriented in a vertical or floor mounted position.

GAME CARD PRECAUTIONS / MAINTENANCE

1. Avoid touching the connectors with your fingers. Do not blow on them or allow them to get wet or dirty. Doing so may damage the Game Card and/or the Nintendo DS.
2. The Game Card is a high precision electronic device. Do not store it in places that are very hot or cold. Do not hit, drop or otherwise abuse it. Do not attempt to take it apart.
3. Do not clean with benzene, paint thinner, alcohol or any other solvent.
4. Always check the Game Card edge connector for foreign material before inserting the Game Card into the Nintendo DS.

REGULATIONS FOR EQUIPMENT USE IN U.S.A. AND CANADA
FCC and Industry Canada Information

In order to comply with FCC radio-frequency radiation exposure guidelines for an uncontrolled exposure, this device and its antenna must not be co-located or operating in conjunction with any other antenna or transmitter.

This device complies with Part 15 of the FCC Rules and RSS-210 of Industry Canada. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept interference received, including interference that may cause undesired operation.

Changes or modifications not expressly approved by the manufacturer could void the user's authority to operate this device.

This equipment has been tested and found to comply with the limits of a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:

• Reorient or relocate the receiving antenna.
• Increase the separation between the equipment and receiver.
• Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
• Consult the dealer or an experienced radio/TV technician or call Nintendo Consumer Service at 1-800-255-3700 for assistance.

The user may find the following booklet prepared by the Federal Communications Commission helpful: How to Identify and Resolve Radio-TV Interference Problems. This booklet is available from the U.S. Government Printing Office, Washington, D.C., 20402, Stock No. 004-000-00345-4.

The term IC before the certification/registration number only signifies that the
Industry Canada technical specifications were met.

TM and ® are trademarks of Nintendo. © 2004 Nintendo. All Rights Reserved.
Nintendo of Canada Ltd., Authorized User in Canada.

THIS IS AN IMPORTANT AGREEMENT THAT APPLIES TO YOUR USE OF THIS NINTENDO VIDEO GAME SYSTEM.

This is an agreement (the “Agreement”) between you and Nintendo of America Inc. (together with its affiliates, “Nintendo” or “we” or “our”) and provides important information about your access to and use of this Nintendo classic entertainment system, its accessories, and the Software (defined below) (collectively, the “System”).

BY USING THE SYSTEM, YOU REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER (OR THE AGE OF MAJORITY WHERE YOU LIVE) AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SYSTEM. IF YOU RECENTLY PURCHASED THE SYSTEM FROM AN AUTHORIZED RETAILER, AND YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE SYSTEM TO THE SELLER FOR A REFUND, IN ACCORDANCE WITH THE APPLICABLE RETURN POLICY. THIS AGREEMENT CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 5 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY “CLAIM” (AS DEFINED IN SECTION 5) BETWEEN YOU AND NINTENDO. YOU HAVE THE RIGHT TO OPT OUT OF THE PROVISION AS DESCRIBED IN SECTION 5.

1. License Grant/Restrictions. Subject to the terms of this Agreement, you may use the software, content, and data that came with the System (collectively, the “Software”). The Software is licensed, not sold, to you solely for your personal, noncommercial use. You may not publish, copy, modify, reverse engineer, lease, rent, decompile, disassemble, distribute, offer for sale, or create derivative works of any portion of the Software, or bypass, modify, defeat, tamper with, or circumvent any of the functions or protections of the System, unless otherwise permitted by law. You agree not to use the System in an unlawful manner.
2. Nintendo Intellectual Property/Reservation of Rights. Nintendo owns all right, title and interest (including all intellectual property rights) in, and has the right to use and sublicense, the Nintendo Intellectual Property utilized in connection with the System. "Nintendo Intellectual Property" refers to all intellectual property, including but not limited to registered and unregistered trademarks, logos, registered and unregistered designs, copyrights, database rights, inventions, patents, trade secrets, know-how, and other confidential and proprietary information which Nintendo developed, owns or is granted a license to use. Neither the sale, transfer, license, nor the use of the System transfers any title or ownership of any of our intellectual property rights, including without limitation the Nintendo Intellectual Property. We reserve all rights that we have not expressly granted in this Agreement. Nintendo reserves all rights in the Nintendo Intellectual Property.
3. Termination. Your rights under this Agreement will immediately terminate if you do not comply with any term of this Agreement. At the time of any termination of this Agreement, you will immediately cease all use of the System. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights.
4. Disclaimer of Warranties and Limitation of Liability.
   1. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD OF NINTENDO.
   2. USE OF THE SYSTEM IS AT YOUR SOLE RISK. EXCEPT FOR ANY LIMITED WARRANTY THAT APPLIES TO THE SYSTEM, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINTENDO OR ITS REPRESENTATIVES CREATES A WARRANTY, THE SYSTEM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NINTENDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SYSTEM, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
   3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SYSTEM, EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE SYSTEM IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SYSTEM.
   4. IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.
5. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver.
   1. Our consumer services department is available to address any concerns you may have regarding the System. You may contact them by phone at 1-800-255-3700, by email at useragreement@noa.nintendo.com, or by regular mail sent to Nintendo of America Inc., Attn: User Agreement, 4600 150th Ave NE, Redmond, WA 98052 USA. Most matters are quickly resolved in this manner to our customer’s satisfaction. Any matter we are unable to resolve and all disputes or claims arising out of or relating to this Agreement, including its formation, enforceability, performance, or breach (each, a “Claim”), with the exception of the matters described in section 5(C) below, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Claims. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 5 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.
   2. The rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1-800-778-7879. To the extent the initial filing fee for the arbitration exceeds the initial filing fee for a lawsuit, we will pay the difference in fees. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim is less than $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
   3. Section 5(A) does not apply to any Claim (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights), or (ii) that may be brought in small-claims court.
   4. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Section 5 by sending written notice of your decision to opt out to the following address: Nintendo of America Inc., Attn: CS Admin, 4600 150th Ave NE, Redmond, WA 98052 within 30 days of purchasing the Nintendo video game system. Your notice should include the serial number and, if applicable, your purchase receipt. If you send this notice, then Section 5 will not apply to either party. If you do not send this notice, then you agree to be bound by this Section 5.
6. Enforcement. If any part of this Agreement is held to be invalid or unenforceable, that part will no longer apply to the parties but all other parts of the Agreement will remain in effect unless otherwise provided in this Agreement. If we do not enforce any provision of this Agreement, that will not be considered a waiver of our rights. Any waiver or amendment of this Agreement must be obtained in a written document signed by an authorized representative of Nintendo.
7. Governing Law/Venue. This Section 7 shall apply in the event that a dispute or Claim is not governed by Section 5:
   1. If you reside in the United States or a country other than Canada, this Agreement and any disputes arising in connection therewith shall be subject to and governed by, construed and interpreted in accordance with the laws of the State of Washington, U.S.A., except for its conflict of law rules, and the parties consent to the exclusive jurisdiction of the courts located in King County, Washington, U.S.A.
   2. If you reside in Canada, this Agreement and any disputes arising in connection therewith shall be subject to and governed by, construed and interpreted in accordance with the laws of the Province of British Columbia, Canada, except for its conflict of law rules, and the parties consent to the exclusive jurisdiction of the courts located in British Columbia, B.C., Canada.

Enactment Date 12/2016

This Agreement (the “Agreement”) is between you (hereinafter “you” or “Customer”) and Nintendo Co., Ltd. (“Nintendo," “we,” “us,” or “our”) and applies to your use of the software application, including the Content (the “Application”).

This Agreement includes the Terms and Conditions below, together with the Additional Terms. Please read all of these terms carefully before accepting this Agreement and using the Application. If you do not agree to this Agreement, do not install or use the Application.

If you are under the age of 18 (or the age of majority where you live), you must get your parent or legal guardian to accept this Agreement.

Our Privacy Policy explains how we use and protect your personal information when you use the Application. By using the Application you acknowledge that you have read our Privacy Policy.

This Agreement

NOTE: TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 17 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY "CLAIM" (AS DEFINED IN SECTION 17) BETWEEN YOU AND NINTENDO. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION PROVIDED THAT YOU FOLLOW THE PROCEDURE SET FORTH IN SECTION 17 WHICH, AMONG OTHER THINGS, REQUIRES YOU TO LINK YOUR NINTENDO ACCOUNT TO THE APPLICATION (SEE SECTION 7 REGARDING LINKED SERVICES AND SECTION 17 FOR MORE DETAILS).

1. Definitions

   For the purposes of this Agreement, the following terms shall have the following definitions:

   • "Additional Terms" means the terms we reference or link to within this Agreement, including, without limitation, those set forth at the end of this Agreement;
   • "Content" collectively refers to all software (including, without limitation, Digital Items), documentation, music, data, downloadable content, updates and upgrades thereto, services, and other items that we make available to you through and in connection with the Application;
   • "Digital Items" means content you purchase or otherwise acquire for use in the Application through the mechanisms we make available;
   • "Linked Services" means the services (other than the Application) offered by Nintendo or its partners we make available for use with the Application, including, without limitation, the Nintendo Account Service and Third Party Services;
   • “Nintendo Account” means the account created by a customer that is utilized with the Nintendo Account Service;
   • "Nintendo Account Service" means the services offered by Nintendo or its partners that are accessed through or offered in connection with a Nintendo Account, including, without limitation, Linked Services;
   • “Third Party Service(s)” means the services, applications, software, content, and data, including updates and upgrades thereto, offered by authorized third parties that are made available in connection with the Application;
   • "User-Generated Content" or “UGC” means user names, text, images, audio, video, customized levels or other content you create, share, transmit, or otherwise make accessible or viewable by the public or other users of the Application.
2. Creating a Nintendo Account

   You may need to create a Nintendo Account and link it to the Application to utilize certain Application features, such as use of the Content on a different device. Please see Nintendo’s website for information on how to create and use a Nintendo Account.

3. Use of the Application
   1. You must comply with each term and condition of this Agreement when you use the Application, including by providing complete and accurate registration information.
   2. You are solely responsible for all costs arising in connection with your use of the device on which you use the Application, including, without limitation, costs associated with your Internet or mobile connection.
   3. The Application may not be compatible with all devices, connection services, or service plans. Not all Application features are available to all customers. Availability may depend on a customer’s location, device type, service plan, and other factors or restrictions.
   4. If you change your country-of-residence setting within the Application, you will be required to accept the user agreement corresponding to your newly selected country. Application features may vary by country. Nintendo assumes no liability for any loss incurred in connection with a change to your country setting.
   5. We may suspend, modify, or terminate all or a portion of the Application without notice or liability to you.
4. License to Use the Application

   Subject to the terms of this Agreement, Nintendo grants to you a nonexclusive, nontransferable, revocable license to use the Application as permitted by this Agreement solely for your personal and noncommercial use. The Application cannot be used for any other purpose. You are not permitted to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble all or a portion of the Application without Nintendo’s prior written consent or unless otherwise expressly permitted by applicable law.

5. Digital Items
   1. By purchasing or otherwise acquiring Digital Items, you obtain a limited license (as set forth in Section 4) to utilize such Digital Items within the Application. Other than this limited license, you have no right or title in or to Digital Items. Digital Items cannot be sold or transferred to a third party (unless a transfer is permitted within the Application) and cannot be exchanged for or converted to cash or legal tender or for any goods or services outside of the Application.
   2. Except as otherwise permitted by Nintendo, Digital Items are not returnable or refundable.
   3. If you use the Application on multiple devices that work on different operating systems (hereinafter "OS"), it may not be possible for Digital Items acquired through the Application on one OS to be used in the Application on a different OS.
6. User-Generated Content / Use of Information
   1. The Application may permit you to send, receive, or otherwise share User-Generated Content with others.
   2. Except for any Nintendo Intellectual Property (as defined in Section 8) therein, you own your UGC. By entering into this Agreement, you grant Nintendo (where used in this Section 6, Nintendo includes Nintendo’s subsidiary and affiliated companies) a worldwide, royalty-free, irrevocable, perpetual, nonexclusive, and sublicenseable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display User-Generated Content, in whole or in part, and to incorporate your User-Generated Content in other works, in any form, media, or technology now known or later developed, including for promotional or marketing purposes, without any payment to you. You acknowledge that your User-Generated Content may be viewed, reproduced, published, and/or modified by Nintendo or third parties. You acknowledge that Nintendo may delete any User-Generated Content from the Application and/or Nintendo servers at any time, for any reason, in its sole discretion without notice or liability to you. Nintendo reserves the right to not post or publish User-Generated Content and is not obligated to store any User-Generated Content.
   3. Nintendo assumes no responsibility for any User-Generated Content made available by you or any third party in connection with the Application. Nintendo is not responsible for any loss of or damage to any User-Generated Content, nor is Nintendo liable for any incorrect, defamatory, libelous, false, obscene, or offensive content you may encounter in connection with User-Generated Content. User-Generated Content is the sole responsibility of the user that made it available in connection with the Application.
   4. User-Generated Content you make available through the Application must comply with the Nintendo Code of Conduct (as set forth in Section 9).
   5. By making User-Generated Content available through the Application, you represent that you are entitled to do so and agree that Nintendo is not obligated to monitor or protect your rights in any User-Generated Content; however, you give Nintendo the right to enforce your rights in such User-Generated Content at Nintendo’s election, including but not limited to the right to take legal action (at our cost) on your behalf.
   6. Nintendo may scan, access, use, monitor, disclose, or preserve information associated with your use of the Application (including, without limitation, User-Generated Content) as is necessary, in Nintendo’s discretion, (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce this Agreement or protect the rights of Nintendo, its customers, or the public; (c) to help prevent a loss of life or serious physical injury to anyone; (d) to prevent potentially illegal or offensive activities; and (e) to provide and improve features of the Application.
7. Linked Services
   1. We are not responsible for any Third Party Services. Third Party Services are not reviewed or monitored by us and may be subject to separate terms and conditions. Your access and use of Third Party Services is at your own risk.
   2. In the event you disconnect a Linked Service, such disconnection may result in the loss of rights and benefits conferred to you in connection with such Linked Services, including, without limitation, rights or benefits under the Application. Nintendo is not responsible to you for any loss resulting from your disconnection of a Linked Service.
   3. You must comply with the terms and conditions applicable to Linked Services.
   4. If you link your Nintendo Account to the Application, the two cannot be unlinked. If your linked Nintendo Account is terminated or you delete it for any reason, you will lose access to all or a portion of the Application’s save data, including but not limited to Digital Items.
8. Intellectual Property Rights
   1. Except for the limited license granted to you in Section 4, Nintendo retains and reserves all rights, titles, and interest in and to all Nintendo-owned or licensed intellectual property utilized in and in connection with the Application, including, without limitation, Content, registered and unregistered trademarks, service marks, logos, registered and unregistered designs, copyrights, database rights, inventions, patents, trade secrets, know-how, and other confidential and proprietary information of Nintendo, and all other proprietary or intellectual property rights of any kind in any country (collectively, the “Nintendo Intellectual Property”).
   2. If you believe that any material within the Application infringes any intellectual property right which you own or control, please refer to our Intellectual Property Policy for information on how to submit a notice of infringement.
9. Code of Conduct

   To help keep the Application friendly and safe for all users, you agree that you will adhere to Nintendo’s Code of Conduct found here.

10. Customer Responsibility

    You agree to indemnify Nintendo and its partners from and against any loss or damage resulting from your wrongful use of the Application or any other breach of this Agreement.

11. Disclaimer of Warranties and Limitation of Liability

    USE OF THE APPLICATION IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINTENDO OR ITS REPRESENTATIVES CREATES A WARRANTY. THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NINTENDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICATION EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE APPLICATION, EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, NINTENDO’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE APPLICATION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICATION. IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Updates to the Application

    You acknowledge and agree that some devices may be configured to automatically receive updates. If you enable such an auto-update feature on your device, updates to the Application may be automatically downloaded and installed on your device. These auto-update features are not a part of our Application, so you should consult with the manufacturer of your device for more information regarding these features. Updates may be used to deliver features and services (including software, content, and data) and may be required for you to fully enjoy all features of the Application or for continued access to and use of the Application. All such updates are subject to this Agreement unless other terms accompany them, in which case those other terms apply.

13. Changes to This Agreement

    We may update this Agreement from time to time. When we do, we will post the current version in the Application. If you do not agree to such an update, you must immediately stop using the Application. By continuing to access or use the Application, you confirm your acceptance of the updated Agreement.

14. Termination of This Agreement
    1. You may terminate this Agreement by uninstalling the Application from your device(s). Your termination does not eliminate any obligations you have to Nintendo or its partners under this Agreement.
    2. Nintendo may suspend or disable your access to all or a portion of the Application or terminate this Agreement or any part of it if you fail to comply with the terms and conditions of this Agreement, including, without limitation, the Code of Conduct set forth in Section 9. Upon any such termination, you must immediately cease all use of the Application. Nintendo may also terminate all or a portion of this Agreement at any time.
15. Assignment of Rights

    Except as otherwise permitted by Nintendo in writing, you may not assign, lend, delegate, or otherwise dispose of this Agreement or your rights hereunder without Nintendo’s prior written consent.

16. Severability

    If any provision of this Agreement is deemed void or unenforceable, the remainder of the Agreement shall remain in full force and effect.

17. Dispute Resolution; Binding Individual Arbitration; Class-Action Waiver

    PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. BY ENTERING INTO THIS AGREEMENT YOU AND NINTENDO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

    1. Please contact us using the method described in Section 19 with any questions or concerns you may have regarding the Application. We can typically solve most concerns to our customer’s satisfaction. Any matter we are unable to resolve and all disputes or claims arising out of or relating to the Application or this Agreement, including its formation, enforceability, performance, or breach (each, a “Claim”), with the exception of the matters described in Section 17(c) below, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Claims. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.
    2. The rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1-800-778-7879. To the extent the initial filing fee for the arbitration exceeds the initial filing fee for a lawsuit, we will pay the difference in fees. If the arbitrator finds the arbitration to be nonfrivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim is less than $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
    3. Section 17(a) does not apply to any Claim (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) or (ii) that may be brought in small-claims court.
    4. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Section 17 by sending written notice of your decision to opt out to the following address: Nintendo of America Inc., Attn: CS Admin, 4600 150th Ave NE, Redmond, WA 98052 within 30 days of installing the Application. You must link the Application to your Nintendo Account prior to opting out. Your notice must include your name, contact information and the email address registered to your Nintendo Account. If you send this notice including the information required, then Section 17 will not apply to either party. If you do not send this notice, then you agree to be bound by this Section 17.
18. Applicable Law and Jurisdiction

    The laws of the state of Washington, USA, without regard to its conflict of laws and provisions, governs this Agreement and any dispute of any sort pertaining to this Agreement or the Application that might arise between you and Nintendo.

    If Section 17 is held to be invalid or unenforceable, then for any Claims, the parties consent to the exclusive jurisdiction of the courts located in King County, Washington, USA.

19. Contact Information

    If you wish to contact Nintendo concerning the Application, you must fill out and send the inquiry form on the Application or such other method provided by Nintendo.

ADDITIONAL TERMS

Customers Using OS Smart Devices from Apple, Inc.

This Article applies to users who use the Application on OS smart devices provided by Apple, Inc. (hereinafter "Apple"). In the event of conflict between this Article and the Agreement, this Article shall apply.

1. Nintendo grants a license to you only, for the nonexclusive, nonassignable right to download and use the Application for your personal, noncommercial purposes, according to the terms of the iTunes Store Service User Agreement.
2. Apple bears no responsibility for any claims by you or a third party related to your possession or use of the Application, including the following:
   1. A claim of product liability;
   2. A claim that the Application does not comply with applicable law and regulations;
   3. A claim based on any consumer protection act or similar laws and regulations;
   4. A claim by you or a third party that the Application or the use of the Application by you infringes the intellectual property rights of you or a third party.
3. You acknowledge and agree that Apple has no responsibility to provide maintenance or support services for the Application.
4. The Application is provided by Nintendo Co., Ltd., headquartered at 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan. Please see Article 19 of this User Agreement for contact information concerning the App.
5. You represent and warrant that you do not live in a US export-embargoed country or a country designated as a State Sponsor of Terrorism by the United States government and that you are not on the list of people barred or excluded from the United States.
6. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries to this Agreement, and that, by acknowledging the provisions of this Agreement, you acknowledge that Apple has the right (or is deemed to have acknowledged the right) to enforce this Agreement against you as third-party beneficiary.

Enactment Date 2/2017

This Agreement (the “Agreement”) is between you (hereinafter “you” or “Customer”) and Nintendo Co., Ltd. (“Nintendo," “we,” “us,” or “our”) and applies to your use of the software application, including the Content (the “Application”).

This Agreement includes the Terms and Conditions below, together with the Additional Terms. Please read all of these terms carefully before accepting this Agreement and using the Application. If you do not agree to this Agreement, do not install or use the Application.

If you are under the age of 18 (or the age of majority where you live), you must get your parent or legal guardian to accept this Agreement.

Our Privacy Policy explains how we use and protect your personal information when you use the Application. By using the Application you acknowledge that you have read our Privacy Policy.

This Agreement

NOTE: TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 17 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY "CLAIM" (AS DEFINED IN SECTION 17) BETWEEN YOU AND NINTENDO. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION PROVIDED THAT YOU FOLLOW THE PROCEDURE SET FORTH IN SECTION 17 WHICH, AMONG OTHER THINGS, REQUIRES YOU TO LINK YOUR NINTENDO ACCOUNT TO THE APPLICATION (SEE SECTION 7 REGARDING LINKED SERVICES AND SECTION 17 FOR MORE DETAILS).

1. Definitions

   For the purposes of this Agreement, the following terms shall have the following definitions:

   • "Additional Terms" means the terms we reference or link to within this Agreement, including, without limitation, those set forth at the end of this Agreement;
   • "Content" collectively refers to all software (including, without limitation, Digital Items), documentation, music, data, downloadable content, updates and upgrades thereto, services, and other items that we make available to you through and in connection with the Application;
   • "Digital Items" means content (including, but not limited to, in-game currency) you purchase or otherwise acquire for use in the Application through the mechanisms we make available;
   • "Linked Services" means the services (other than the Application) offered by Nintendo or its partners we make available for use with the Application, including, without limitation, the Nintendo Account Service and Third Party Services;
   • “Nintendo Account” means the account created by a customer that is utilized with the Nintendo Account Service;
   • "Nintendo Account Service" means the services offered by Nintendo or its partners that are accessed through or offered in connection with a Nintendo Account, including, without limitation, Linked Services;
   • “Third Party Service(s)” means the services, applications, software, content, and data, including updates and upgrades thereto, offered by authorized third parties that are made available in connection with the Application;
   • "User-Generated Content" or “UGC” means user names, text, images, audio, video, customized levels or other content you create, share, transmit, or otherwise make accessible or viewable by the public or other users of the Application.
2. Creating a Nintendo Account

   You may need to create a Nintendo Account and link it to the Application to utilize certain Application features. Please see Nintendo’s website for information on how to create and use a Nintendo Account.

3. Use of the Application
   1. You must comply with each term and condition of this Agreement when you use the Application, including by providing complete and accurate registration information.
   2. You are solely responsible for all costs arising in connection with your use of the device on which you use the Application, including, without limitation, costs associated with your Internet or mobile connection.
   3. The Application may not be compatible with all devices, connection services, or service plans. Not all Application features are available to all customers. Availability may depend on a customer’s location, device type, service plan, and other factors or restrictions.
   4. If you change your country-of-residence setting within the Application, you will be required to accept the user agreement corresponding to your newly selected country. Application features may vary by country. Nintendo assumes no liability for any loss incurred in connection with a change to your country setting.
   5. We may suspend, modify, or terminate all or a portion of the Application without notice or liability to you.
4. License to Use the Application

   Subject to the terms of this Agreement, Nintendo grants to you a nonexclusive, nontransferable, revocable license to use the Application as permitted by this Agreement solely for your personal and noncommercial use. The Application cannot be used for any other purpose. You are not permitted to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble all or a portion of the Application without Nintendo’s prior written consent or unless otherwise expressly permitted by applicable law.

5. Digital Items
   1. By purchasing or otherwise acquiring Digital Items, you obtain a limited license (as set forth in Section 4) to utilize such Digital Items within the Application. Other than this limited license, you have no right or title in or to Digital Items. Digital Items cannot be sold or transferred to a third party (unless a transfer is permitted within the Application) and cannot be exchanged for or converted to cash or legal tender or for any goods or services outside of the Application.
   2. Except as otherwise permitted by Nintendo, Digital Items are not returnable or refundable.
6. User-Generated Content / Use of Information
   1. The Application may permit you to send, receive, or otherwise share User-Generated Content with others.
   2. Except for any Nintendo Intellectual Property (as defined in Section 8) therein, you own your UGC. By entering into this Agreement, you grant Nintendo (where used in this Section 6, Nintendo includes Nintendo’s subsidiary and affiliated companies) a worldwide, royalty-free, irrevocable, perpetual, nonexclusive, and sublicenseable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display User-Generated Content, in whole or in part, and to incorporate your User-Generated Content in other works, in any form, media, or technology now known or later developed, including for promotional or marketing purposes, without any payment to you. You acknowledge that your User-Generated Content may be viewed, reproduced, published, and/or modified by Nintendo or third parties. You acknowledge that Nintendo may delete any User-Generated Content from the Application and/or Nintendo servers at any time, for any reason, in its sole discretion without notice or liability to you. Nintendo reserves the right to not post or publish User-Generated Content and is not obligated to store any User-Generated Content.
   3. Nintendo assumes no responsibility for any User-Generated Content made available by you or any third party in connection with the Application. Nintendo is not responsible for any loss of or damage to any User-Generated Content, nor is Nintendo liable for any incorrect, defamatory, libelous, false, obscene, or offensive content you may encounter in connection with User-Generated Content. User-Generated Content is the sole responsibility of the user that made it available in connection with the Application.
   4. User-Generated Content you make available through the Application must comply with the Nintendo Code of Conduct (as set forth in Section 9).
   5. By making User-Generated Content available through the Application, you represent that you are entitled to do so and agree that Nintendo is not obligated to monitor or protect your rights in any User-Generated Content; however, you give Nintendo the right to enforce your rights in such User-Generated Content at Nintendo’s election, including but not limited to the right to take legal action (at our cost) on your behalf.
   6. Nintendo may scan, access, use, monitor, disclose, or preserve information associated with your use of the Application (including, without limitation, User-Generated Content) as is necessary, in Nintendo’s discretion, (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce this Agreement or protect the rights of Nintendo, its customers, or the public; (c) to help prevent a loss of life or serious physical injury to anyone; (d) to prevent potentially illegal or offensive activities; and (e) to provide and improve features of the Application.
7. Linked Services
   1. We are not responsible for any Third Party Services. Third Party Services are not reviewed or monitored by us and may be subject to separate terms and conditions. Your access and use of Third Party Services is at your own risk.
   2. In the event you disconnect a Linked Service, such disconnection may result in the loss of rights and benefits conferred to you in connection with such Linked Services, including, without limitation, rights or benefits under the Application. Nintendo is not responsible to you for any loss resulting from your disconnection of a Linked Service.
   3. You must comply with the terms and conditions applicable to Linked Services.
   4. If you link your Nintendo Account to the Application, the two cannot be unlinked. If your linked Nintendo Account is terminated or you delete it for any reason, you will lose access to all or a portion of the Application’s save data, including but not limited to Digital Items.
8. Intellectual Property Rights
   1. Except for the limited license granted to you in Section 4, Nintendo retains and reserves all rights, titles, and interest in and to all Nintendo-owned or licensed intellectual property utilized in and in connection with the Application, including, without limitation, Content, registered and unregistered trademarks, service marks, logos, registered and unregistered designs, copyrights, database rights, inventions, patents, trade secrets, know-how, and other confidential and proprietary information of Nintendo, and all other proprietary or intellectual property rights of any kind in any country (collectively, the “Nintendo Intellectual Property”).
   2. If you believe that any material within the Application infringes any intellectual property right which you own or control, please refer to our Intellectual Property Policy for information on how to submit a notice of infringement.
9. Code of Conduct

   To help keep the Application friendly and safe for all users, you agree that you will adhere to Nintendo’s Code of Conduct found here.

10. Customer Responsibility

    You agree to indemnify Nintendo and its partners from and against any loss or damage resulting from your wrongful use of the Application or any other breach of this Agreement.

11. Disclaimer of Warranties and Limitation of Liability

    USE OF THE APPLICATION IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINTENDO OR ITS REPRESENTATIVES CREATES A WARRANTY. THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NINTENDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICATION EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE APPLICATION, EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, NINTENDO’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE APPLICATION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICATION. IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Updates to the Application

    You acknowledge and agree that some devices may be configured to automatically receive updates. If you enable such an auto-update feature on your device, updates to the Application may be automatically downloaded and installed on your device. These auto-update features are not a part of our Application, so you should consult with the manufacturer of your device for more information regarding these features. Updates may be used to deliver features and services (including software, content, and data) and may be required for you to fully enjoy all features of the Application or for continued access to and use of the Application. All such updates are subject to this Agreement unless other terms accompany them, in which case those other terms apply.

13. Changes to This Agreement

    We may update this Agreement from time to time. When we do, we will post the current version in the Application. If you do not agree to such an update, you must immediately stop using the Application. By continuing to access or use the Application, you confirm your acceptance of the updated Agreement.

14. Termination of This Agreement
    1. You may terminate this Agreement by uninstalling the Application from your device(s). Your termination does not eliminate any obligations you have to Nintendo or its partners under this Agreement.
    2. Nintendo may suspend or disable your access to all or a portion of the Application or terminate this Agreement or any part of it if you fail to comply with the terms and conditions of this Agreement, including, without limitation, the Code of Conduct set forth in Section 9. Upon any such termination, you must immediately cease all use of the Application. Nintendo may also terminate all or a portion of this Agreement at any time.
15. Assignment of Rights

    Except as otherwise permitted by Nintendo in writing, you may not assign, lend, delegate, or otherwise dispose of this Agreement or your rights hereunder without Nintendo’s prior written consent.

16. Severability

    If any provision of this Agreement is deemed void or unenforceable, the remainder of the Agreement shall remain in full force and effect.

17. Dispute Resolution; Binding Individual Arbitration; Class-Action Waiver

    PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. BY ENTERING INTO THIS AGREEMENT YOU AND NINTENDO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

    1. Please contact us using the method described in Section 19 with any questions or concerns you may have regarding the Application. We can typically solve most concerns to our customer’s satisfaction. Any matter we are unable to resolve and all disputes or claims arising out of or relating to the Application or this Agreement, including its formation, enforceability, performance, or breach (each, a “Claim”), with the exception of the matters described in Section 17(c) below, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Claims. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.
    2. The rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1-800-778-7879. To the extent the initial filing fee for the arbitration exceeds the initial filing fee for a lawsuit, we will pay the difference in fees. If the arbitrator finds the arbitration to be nonfrivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim is less than $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
    3. Section 17(a) does not apply to any Claim (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) or (ii) that may be brought in small-claims court.
    4. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Section 17 by sending written notice of your decision to opt out to the following address: Nintendo of America Inc., Attn: CS Admin, 4600 150th Ave NE, Redmond, WA 98052 within 30 days of installing the Application. You must link the Application to your Nintendo Account prior to opting out. Your notice must include your name, contact information and the email address registered to your Nintendo Account. If you send this notice including the information required, then Section 17 will not apply to either party. If you do not send this notice, then you agree to be bound by this Section 17.
18. Applicable Law and Jurisdiction

    The laws of the state of Washington, USA, without regard to its conflict of laws and provisions, governs this Agreement and any dispute of any sort pertaining to this Agreement or the Application that might arise between you and Nintendo.

    If Section 17 is held to be invalid or unenforceable, then for any Claims, the parties consent to the exclusive jurisdiction of the courts located in King County, Washington, USA.

19. Contact Information

    If you wish to contact Nintendo concerning the Application, you must fill out and send the inquiry form on the Application or such other method provided by Nintendo.

ADDITIONAL TERMS

Customers Using OS Smart Devices from Apple, Inc.

This Article applies to users who use the Application on OS smart devices provided by Apple, Inc. (hereinafter "Apple"). In the event of conflict between this Article and the Agreement, this Article shall apply.

1. Nintendo grants a license to you only, for the nonexclusive, nonassignable right to download and use the Application for your personal, noncommercial purposes, according to the terms of the iTunes Store Service User Agreement.
2. Apple bears no responsibility for any claims by you or a third party related to your possession or use of the Application, including the following:
   1. A claim of product liability;
   2. A claim that the Application does not comply with applicable law and regulations;
   3. A claim based on any consumer protection act or similar laws and regulations;
   4. A claim by you or a third party that the Application or the use of the Application by you infringes the intellectual property rights of you or a third party.
3. You acknowledge and agree that Apple has no responsibility to provide maintenance or support services for the Application.
4. The Application is provided by Nintendo Co., Ltd., headquartered at 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan. Please see Article 19 of this User Agreement for contact information concerning the App.
5. You represent and warrant that you do not live in a US export-embargoed country or a country designated as a State Sponsor of Terrorism by the United States government and that you are not on the list of people barred or excluded from the United States.
6. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries to this Agreement, and that, by acknowledging the provisions of this Agreement, you acknowledge that Apple has the right (or is deemed to have acknowledged the right) to enforce this Agreement against you as third-party beneficiary.

THIS IS AN IMPORTANT AGREEMENT THAT APPLIES TO YOUR USE OF THIS NINTENDO VIDEO GAME CONSOLE!

If you are under the age of 18 STOP! You must get your parent or legal guardian to read and accept this Agreement.

This is an agreement (the “Agreement”) between you and Nintendo of America Inc. (together with its affiliates, “Nintendo” or “we” or “our”) and provides important information about your access to and use of this Nintendo video game console, its accessories, the Software (defined below), and any services available using this Nintendo video game console (the “Console”).

Please read this Agreement carefully before using the Console. By clicking the “Accept” option, or by using the Console, you represent that you are 18 years of age or older (or the age of majority where you live) and agree to be bound by this Agreement. By clicking the “Accept” option, you acknowledge and agree that you are responsible for any use of the Console, including any use of the Console by other users, and are responsible for ensuring that all other users of the Console comply with the terms of this Agreement and any other applicable terms.

If you purchased the Console from an authorized retailer but do not agree to the terms of this Agreement, you may return the Console for a refund in accordance with the applicable return policy. All other users of the Console who do not agree to this Agreement must not use the Console.

Some of the services available through the Console are subject to and governed by separate terms and conditions. We will make such terms and conditions available to you through the applicable service. Your acceptance of such terms and conditions is required for you to use the applicable services in connection with the Console.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 7 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY “CLAIM” (AS DEFINED IN SECTION 7) BETWEEN YOU AND NINTENDO. YOU HAVE THE RIGHT TO OPT OUT OF THE PROVISION AS DESCRIBED IN SECTION 7.

1. License Grant/Restrictions.

   Subject to the terms of this Agreement, you may use the software, content, and data that came with the Console, or that is compatible with or authorized for use in connection therewith, including any updates or replacement to that software, content, or data that we or our authorized providers make available to you (collectively, the “Software”). The Software is licensed, not sold, to you solely for your personal, noncommercial use on the Console. You may not publish, copy, modify, reverse engineer, lease, rent, decompile, disassemble, distribute, offer for sale, or create derivative works of any portion of the Software, or bypass, modify, defeat, tamper with, or circumvent any of the functions or protections of the Console, unless otherwise permitted by law. Content obtained through the use of an unauthorized device, or through the unauthorized modification of Console hardware or software, may be removed. You agree not to use the Console in an unlawful manner or to access the consoles, devices, accounts, or data of others (including Nintendo) without their (or our) consent.

2. Updates.

   The Console is constantly evolving, and we may update or change the Console, in whole or in part. Such updates or changes to all or a portion of the Console (an “Update” or “Updates”) may be required for you to play games, enjoy features, software, data or content, or continue to access services available through the Console. Some of these Updates may be provided automatically without notice to you. You consent to Nintendo providing you with, and installing, automatic Updates to the Console in the background with or without notice to you. You agree that any Update is governed by this Agreement.

   After the Console is updated or changed (including without limitation in connection with an Update), any existing or future unauthorized modification of the Console or Software, or the use of an unauthorized device in connection with the Console, may render the Console and/or Software permanently unusable.

3. Use of Information.

   We may use and share information that you give to us and information that we collect when you use our products and/or services (including the Console) as described in our Privacy Policy, located on support.nintendo.com. This may include personally identifiable information as well as anonymous or aggregate information about your use of the Console or the Console’s performance. We recommend that you review our Privacy Policy before each use of a Nintendo product or service to help you stay informed of our privacy practices. Our Privacy Policy is designed to help you understand the types of information that we collect, how we use and share the information and how the information is protected.

4. Nintendo Intellectual Property/Reservation of Rights.

   Nintendo owns all right, title and interest (including all intellectual property rights) in, and has the right to use and sublicense, the Nintendo Intellectual Property utilized in connection with the Console. "Nintendo Intellectual Property" refers to all intellectual property, including but not limited to registered and unregistered trademarks, logos, registered and unregistered designs, copyrights, database rights, inventions, patents, trade secrets, know-how, and other confidential and proprietary information which Nintendo developed, owns or is granted a license to use. Neither the sale, transfer, license, nor the use of the Console transfers any title or ownership of any of our intellectual property rights, including without limitation the Nintendo Intellectual Property. We reserve all rights that we have not expressly granted in this Agreement. Nintendo reserves all rights in the Nintendo Intellectual Property.

5. Termination.

   Your rights under this Agreement will immediately terminate if you do not comply with any term of this Agreement. At the time of any termination of this Agreement, you will immediately cease all use of the Console. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights.

6. Disclaimer of Warranties and Limitation of Liability.
   1. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF NINTENDO.
   2. USE OF THE CONSOLE IS AT YOUR SOLE RISK. NINTENDO IS NOT RESPONSIBLE FOR ANY NON-NINTENDO SITES, SERVICES, APPLICATIONS, CONTENT, DATA, MESSAGES, OR OTHER ITEMS THAT YOU ACCESS, USE, OR SHARE VIA THE CONSOLE. EXCEPT FOR ANY LIMITED WARRANTY THAT APPLIES TO THE CONSOLE, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINTENDO OR ITS REPRESENTATIVES CREATES A WARRANTY, THE CONSOLE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NINTENDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE CONSOLE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
   3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE CONSOLE, EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE CONSOLE IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE CONSOLE.
   4. IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.
7. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver.
   1. Our consumer services department is available to address any concerns you may have regarding the Console. You may contact them by phone at 1-800-255-3700, by email at useragreement@noa.nintendo.com, or by regular mail sent to Nintendo of America Inc., Attn: User Agreement, 4600 150th Ave NE, Redmond, WA 98052 USA. Most matters are quickly resolved in this manner to our customer’s satisfaction. Any matter we are unable to resolve and all disputes or claims arising out of or relating to this Agreement, including its formation, enforceability, performance, or breach (each, a “Claim”), with the exception of the matters described in section 7(C) below, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Claims. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 7 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.
   2. The rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1-800-778-7879. To the extent the initial filing fee for the arbitration exceeds the initial filing fee for a lawsuit, we will pay the difference in fees. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim is less than $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
   3. Section 7(A) does not apply to any Claim (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights), or (ii) that may be brought in small-claims court.
   4. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Section 7 by sending written notice of your decision to opt out to the following address: Nintendo of America Inc., Attn: CS Admin, 4600 150th Ave NE, Redmond, WA 98052 within 30 days of purchasing the Nintendo video game console. Your notice should include the serial number and, if applicable, your purchase receipt. If you send this notice, then Section 7 will not apply to either party. If you do not send this notice, then you agree to be bound by this Section 7.
8. Enforcement.

   If any part of this Agreement is held to be invalid or unenforceable, that part will no longer apply to the parties but all other parts of the Agreement will remain in effect unless otherwise provided in this Agreement. If we do not enforce any provision of this Agreement, that will not be considered a waiver of our rights. Any waiver of this Agreement must be obtained in a written document signed by an authorized representative of Nintendo.

9. Governing Law/Venue.

   This Section 9 shall apply in the event that a dispute or Claim is not governed by Section 7:

   1. If you reside in the United States or a country other than Canada, this Agreement and any disputes arising in connection therewith shall be subject to and governed by, construed and interpreted in accordance with the laws of the State of Washington, U.S.A., except for its conflict of law rules, and the parties consent to the exclusive jurisdiction of the courts located in King County, Washington, U.S.A.
   2. If you reside in Canada, this Agreement and any disputes arising in connection therewith shall be subject to and governed by, construed and interpreted in accordance with the laws of the Province of British Columbia, Canada, except for its conflict of law rules, and the parties consent to the exclusive jurisdiction of the courts located in British Columbia, B.C., Canada.

By clicking the “Accept” option, you acknowledge that you have read and agree to be bound by the End User License Agreement.