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.
You must be at least 13 years or older to use the Application. If you are 13 years or older but 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.
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).
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.
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.
3.1 You must comply with each term and condition of this Agreement when you use the Application, including by providing complete and accurate registration information.
3.2 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.
3.3 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.
3.4 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.
3.5 We may suspend, modify, or terminate all or a portion of the Application without notice or liability to you.
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.
5.1 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.
5.2 Except as otherwise permitted by Nintendo, Digital Items are not returnable or refundable.
6.1 The Application may permit you to send, receive, or otherwise share User-Generated Content with others.
6.2 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.
6.3 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.
6.4 User-Generated Content you make available through the Application must comply with the Nintendo Code of Conduct (as set forth in Section 9).
6.5 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.
6.6 Nintendo may scan, access, use, monitor, delete, 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.
7.1 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.
7.2 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.
7.3 You must comply with the terms and conditions applicable to Linked Services.
7.4 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.
8.1 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").
8.2 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.
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
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.
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.
12.1 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.
12.2 We strive to keep the Application up and running; however, all online services suffer occasional disruptions and outages. In the event of an outage you may not be able to access the Application. WITHOUT LIMITING SECTION 11, NINTENDO DOES NOT MAKE ANY GUARANTEE OR WARRANTY WITH RESPECT TO THE AVAILABILITY OF THE APPLICATION, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NINTENDO SPECIFICALLY DISCLAIMS ANY GUARANTEE OR WARRANTY THAT THE APPLICATION WILL NOT BE SUBJECT TO DISRUPTION, DAMAGE, CORRUPTION, LOSS, OR REMOVAL (A “SERVICE INTERRUPTION”). NINTENDO SHALL NOT BE RESPONSIBLE SHOULD ANY SUCH SERVICE INTERRUPTION OCCUR, AND YOU AGREE THAT IN NO EVENT WILL YOU BE ENTITLED TO OR RECEIVE A REFUND, CREDIT OR ANY OTHER COMPENSATION FOR ANY CONTENT THAT YOU ARE NOT ABLE TO USE OR HAVE DIFFICULTY USING, IN WHOLE OR IN PART, DUE TO ANY SERVICE INTERRUPTION.
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.
14.1 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.
14.2 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, for legal, technical or commercial reasons.
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.
If any provision of this Agreement is deemed void or unenforceable, the remainder of the Agreement shall remain in full force and effect.
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.
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.
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.
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.