THESE ARE IMPORTANT TERMS THAT APPLY TO YOUR USE OF THE SHOPPING SERVICES!

If you are under the age of 18 (or the age of majority where you live), STOP! You must get your parent or legal guardian to read and accept these Terms on your behalf.

Purchase and Subscription Terms

Last Updated: 09/2018

These Purchase and Subscription Terms (the “Terms”) apply to the Shopping Services. These Terms are a part of and incorporated by reference in the Nintendo Account User Agreement (the “Agreement”). Capitalized terms used in these Terms without definition shall have the meanings assigned to them in the Agreement.

NOTE: THE AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION. THIS PROVISION, ALONG WITH ALL OTHER TERMS OF THE AGREEMENT, APPLY TO YOUR USE OF AND PURCHASES THROUGH THE SHOPPING SERVICES.

These Terms are by and among you, Nintendo Co., Ltd., and Nintendo of America Inc., unless you live in Canada. If you live in Canada, these Terms are by and among you, Nintendo Co., Ltd., and Nintendo of Canada Ltd. Nintendo Co., Ltd., Nintendo of America Inc., and Nintendo of Canada Ltd. and are collectively referred to as “Nintendo” or “we,” as applicable.

By accepting the Agreement and by using the Shopping Services you agree to be bound by these Terms. Additional terms and requirements may apply.

  1. Pricing.

    Product prices will be listed at the time of purchase, which may vary by country. The same Products may be listed for a different price by third party retailers. Some Products may be available for pre-purchase. Pricing and availability may change without notice.

    Although we attempt to provide accurate information, there may be times where information, such as pricing, is incorrect or out of date. We may attempt to contact you to remedy the error or to cancel your order if your payment card or method has not been charged yet.

  2. Ordering and Payment.

    We may make various payment processing methods available to you for your purchases through the Shopping Services. You are responsible for complying with any applicable terms and conditions, whether with Nintendo or a third party provider, which apply to your use of your selected payment processing method. Nintendo may add, remove, or change payment processing methods without notice.

    For each purchase, you represent that you are authorized to use the form of payment provided to Nintendo and that any payment information that you provide is accurate.

    When you place an order through the Shopping Services , you authorize Nintendo to charge your selected payment card or method in the total amount of your order (including any applicable taxes). Applicable tax will be calculated and applied at the time of purchase.

    The total amount due for payments submitted with a non-US credit card may depend upon applicable foreign exchange rates, taxes, and fees applied by your bank or your credit card issuer. You are solely responsible for all fees and taxes associated with all purchases that you make through the Shopping Services.

    Except as authorized by Nintendo or as required by applicable law, all payments that you make through the Shopping Services (including pre-purchases and Subscription payments) are final and non refundable, and Products may not be returned or exchanged.

    Nintendo reserves the right to reject your order for any reason.

  3. Risk of Loss.

    Risk of loss or damage for digital Products will transfer to you upon electronic transmission of the Product to you. Risk of loss or damage for physical Products will transfer to you upon delivery of the Product to the shipping carrier.

  4. Rights and Restrictions.

    Some Products, such as software and digital content, are licensed, not sold, to you pursuant to the limited license in Section 2 of the Agreement, and your license to use these Products will immediately terminate if you violate the Agreement (including any of these Terms).

    Nintendo may impose a limit on the quantity of a particular Product that you may purchase. Restrictions may apply with respect to your access to and use of the same Products on multiple devices.

  5. Subscriptions

    1. Overview

      If you purchase, or commence a free trial for, a Nintendo Switch Online membership (a “Membership”), or any other Products made available by Nintendo via a subscription (a “Pass”), the terms included in this Section 5 also apply to you. Passes and Memberships are each referred to as a “Subscription” in these Terms.

      As part of your Subscription, you may obtain access to certain services, software and content available to subscribers (the “Features”). These Features are licensed, not sold, to you pursuant to the limited license in Section 2 of the Agreement, and your license to use these Features will immediately terminate if you violate the Agreement (including any of these Terms).

      There may be a limit to the number of Subscriptions you can have at one time. Once you have reached the Subscription limit, you will be prevented from purchasing or redeeming additional Subscriptions via the Shopping Services. Please visit support.nintendo.com/switch/online for further information on Subscription limits.

      Subscriptions are tied to your Nintendo Account and are non-transferable. Subscriptions and Features may not be available in all territories, and certain Features may not be compatible with all Products.

    2. Automatic Renewals and Payments

      IF AUTOMATIC RENEWAL IS SET, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE CURRENT SUBSCRIPTION TERM FOR SUCCESSIVE PERIODS MATCHING THE ORIGINAL TERM AT THE THEN-CURRENT PRICE, PLUS APPLICABLE TAXES (“SUBSCRIPTION AMOUNT”), AND THE SUBSCRIPTION AMOUNT WILL BE DEDUCTED FROM YOUR NINTENDO ACCOUNT FUNDS WITHIN THE 48 HOURS BEFORE YOUR SUBSCRIPTION IS SET TO EXPIRE, UNLESS AND UNTIL YOU TURN OFF AUTOMATIC RENEWAL. If you do not have sufficient funds, you authorize Nintendo to charge the Subscription Amount to the payment method you provide at the time you sign up for a Subscription or to the payment method you store in your Nintendo Account (“Payment Method”). Your Subscription may be terminated by Nintendo if you have insufficient funds and no Payment Method has been set for automatic renewal on the date a payment is due or if payment is unsuccessful for any other reason. If you already have an automatically renewing Subscription and purchase another Subscription for the same service on Nintendo eShop but with different term and price, the term and price for the renewal will match the term and the Subscription Amount of the Subscription that was purchased last.

      YOU CAN TURN OFF AUTOMATIC RENEWAL AT ANY TIME UP TO 48 HOURS BEFORE THE END OF THE THEN-CURRENT PERIOD TO AVOID THE RENEWAL OF YOUR SUBSCRIPTION AND BILLING OF THE SUBSCRIPTION AMOUNT. When you turn off automatic renewal, your Subscription will remain active until the end of its term, and you will not receive any refunds or credits for the remaining time left on your Subscription. Any data (including backed-up game save data) associated with your Subscription may be deleted by Nintendo at any time following expiration or termination of the Subscription for any reason.

    3. Free Trials

      Your Subscription may start with a free trial period (a “Free Trial”), and except as specifically noted these Terms shall apply to such Free Trial. Restrictions may apply to the availability of Free Trials (for example, you may not sign up for a Free Trial concurrently with an active full Subscription, and you may not be able to sign up for a Free Trial if you have previously signed up for a Free Trial), and certain Features and benefits of full Subscriptions may not be available or may be limited during the Free Trial.

      DEPENDING ON THE TERRITORY ASSOCIATED WITH YOUR NINTENDO ACCOUNT, YOUR FREE TRIAL MAY AUTOMATICALLY CONVERT INTO A FULL SUBSCRIPTION AT THE END OF THE FREE TRIAL PERIOD, UNLESS YOU TURN OFF AUTOMATIC RENEWAL BEFORE THE END OF THE FREE TRIAL. Upon conversion of your Free Trial to a full Subscription, and on an ongoing basis thereafter, we will charge you the Subscription Amount unless and until you turn off automatic renewal as described in Section 5.II of these Terms.

    4. Additional Terms

      We reserve the right to adjust Subscription pricing, and to change, suspend, or discontinue any Subscriptions, including any Free Trial and any Features, at any time in our sole discretion. Any price changes or other material changes to the Subscriptions or the Features will be communicated to you. Your continued use of the Subscriptions following notification of any modifications or changes constitutes acceptance of those changes. We may also impose limits on certain Features or restrict your access to parts or all of your Subscriptions without notice or liability.

  6. Service Availability and Performance

    We strive to keep the Nintendo Account Services, including the Shopping Services and the Features, 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 Nintendo Account Services. In addition, you acknowledge that certain Features and other components of the Nintendo Account Services require an internet connection, and the performance of these Features and other components may depend upon the quality and stability of your internet connection. TO THE EXTENT PERMITTED BY LAW, NINTENDO DOES NOT MAKE ANY GUARANTEE OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR PERFORMANCE OF THE NINTENDO ACCOUNT SERVICES (INCLUDING THE SHOPPING SERVICES AND THE FEATURES) OR ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE NINTENDO ACCOUNT SERVICES, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NINTENDO SPECIFICALLY DISCLAIMS ANY GUARANTEE OR WARRANTY THAT THE NINTENDO ACCOUNT SERVICES (INCLUDING THE SHOPPING SERVICES AND THE FEATURES) OR ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE NINTENDO ACCOUNT SERVICES 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 SUBSCRIPTIONS OR FEATURES THAT YOU ARE NOT ABLE TO USE OR HAVE DIFFICULTY USING, IN WHOLE OR IN PART, DUE TO ANY SERVICE INTERRUPTION.

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