THE FOLLOWING IS AN IMPORTANT LEGAL AGREEMENT.
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If you are under the age of 18, STOP! You must get your parent or legal guardian to read and accept the terms of this Agreement.
Select the “I Accept” button if you are 18 or over and accept the terms of this Agreement.
Select the “Later” button if you are over 18 and do not accept the terms of this Agreement.
This is a binding agreement between you, an individual, and Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, telephone number: +49 69 667747 5412, email address: eShopService@nintendo.de, fax number: +49 69 667747 95412. In this agreement, Nintendo of Europe GmbH will be referred to as "Nintendo", "we" or "us".
Table of Contents
1. Nintendo 3DS Services: General Provisions
2. Specific Applications and Communication Methods
1. Nintendo 3DS Services: General Provisions
1.1. Subject Matter
In this Agreement, the following terms shall have the following meanings:
“Active Mode” refers to the mode during normal operations.
“Friend” refers to a user of another Nintendo console with whom you have established a friendship, either by exchanging friend cards using Local Wireless or by entering each other’s friend codes directly and then connecting to the internet.
“Funding Card” refers to prepaid cards sold or distributed by Nintendo or Nintendo’s promotional partners which contain funds to be transferred to your Shop Account.
“Local Wireless” refers to an electronic communication method allowing your Nintendo 3DS Systems to send data to and receive data from other Nintendo 3DS Systems within Local Wireless range of your Nintendo 3DS System and without using internet communication; excluding, however, StreetPass.
“Mii” refers to a customisable, electronic avatar that you can create and that you can use in compatible games, attach to a message and share with other persons through the Nintendo 3DS Services.
“Network Content” refers to all software, information, games, demo versions, material, data, messages, email and other content, either commercial or non-commercial content, of Nintendo and third party cooperation partners of Nintendo which is provided and distributed in connection with the Nintendo 3DS Service, including downloadable Shopping Service Products; excluding, however, User-Generated Content and all commercial and non-commercial content provided on internet websites operated by third parties.
“Nintendo 3DS Services” refers to all network services provided by Nintendo through internet connection or any other electronic communication method supported by the Nintendo 3DS System (whether cable or wireless, in any telecommunication technology and means, including, but not limited to, wireless internet connection, SpotPass and StreetPass).
“Nintendo 3DS System” refers to Nintendo’s handheld device (including embedded software and accessories) sold and marketed by Nintendo under the Nintendo 3DS brand, including any succeeding handheld devices and compatible devices.
“Nintendo Intellectual Property” refers to all intellectual property, including but not limited to 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 which Nintendo developed, owns or is granted a licence to use.
“Nintendo Zone” refers to a service that utilises Wi-Fi hotspots and download stations to enable you to access, browse and/or download Network Content, third-party data, including data of cooperation partners of Nintendo, and other services, as well as to access, browse, download and/or upload User-Generated Content.
“Personal Mii” refers to a certain Mii that you create and register as your Personal Mii when the Mii creation application runs for the first time. This Mii represents you on your friend list and within applications and games (if supported).
“Relay Point for StreetPass” refers to a wireless LAN access point that sends to, receives from and exchanges with your Nintendo 3DS System Network Content and User-Generated Content via StreetPass.
“Shop Account” refers to a non-transferable personal account that will be automatically established on your (i.e. on one particular) Nintendo 3DS System upon acceptance of these terms, and which you use in connection with the Nintendo 3DS shop applications.
“Shopping Service” refers to the services related to the Nintendo 3DS shop applications, in particular the crediting of funds to your Shop Account, the sale of Shopping Service Products, the operation of an online store and a download service.
“Shopping Service Products” refers to downloadable software and, as the case may be, physical products available through the Shopping Service.
“Sleep Mode” refers to a low-power mode of your Nintendo 3DS System when the processor is inactive and nothing is displayed on the LCD screen of your Nintendo 3DS System.
“SpotPass” refers to a wireless background internet communication between your Nintendo 3DS System and a wireless LAN access point that connects to the internet automatically without a special notification to you, either in Active Mode or in Sleep Mode.
“StreetPass” refers to the wireless communication during Active or Sleep Mode between (a) two Nintendo 3DS Systems that come within the StreetPass range of each other (the range can be up to 100 metres) or (b) between a Nintendo 3DS System and a Relay Point for StreetPass. StreetPass allows your Nintendo 3DS System to send, receive and exchange Network Content and User-Generated Content without your operation and with no special notification to you.
“User-Generated Content” shall mean any communications, messages, text, images, drawings, photos, sound, voice, audio recordings, music, movies, information, data and any other material and content that is created by or licensed to Nintendo 3DS users and that will be uploaded and/or used by Nintendo 3DS users in connection with the Nintendo 3DS Service (including user names, nicknames, Mii characters, Mii nicknames as well as custom levels, maps, scenarios or other material created by a Nintendo 3DS user in connection with a game or service available on the Nintendo 3DS System).
“User-Generated Content Restriction System” refers to a system that (a) restricts you from receiving or sending certain User-Generated Content created by other users of a Nintendo 3DS System or (b) operates to prevent any User-Generated Content from being spread in such manner and within such scope as determined by Nintendo.
1.3. Grant of Licence
We grant you a personal right (licence) to use the Nintendo 3DS Services, in accordance with this Agreement. Specifically:
1.4. Third-Party Content / User-Generated Content
We are not responsible for any third-party content or User-Generated Content, or for any action you may take relating thereto (including but not limited to distributing, posting, or sending third-party content or User-Generated Content to others). All third-party content is the sole responsibility of the creator or sender of that third-party content and all User-Generated Content is your sole responsibility. Please note that we are not obligated to monitor, supervise, store or maintain third-party content or User-Generated Content. However, if Nintendo becomes aware of possibly unlawful or inappropriate User-Generated Content, Nintendo reserves the right to delete or to block access to such content at its own discretion, in particular, without limitation, by way of the User-Generated Content Restriction System.
If you post, send or otherwise make available User-Generated Content through any Nintendo 3DS Service you grant Nintendo a worldwide perpetual right to publish, use and/or to modify the User-Generated Content in any way and for any purpose. You acknowledge that the User-Generated Content may be reproduced, published and/or modified by third parties. This does not apply to User-Generated Content contained in any private messages or in any other private communication.
Please make sure that any User-Generated Content does not include personal information such as your name, your email address, your address or your telephone number. In particular, when choosing a user name or a nickname for your Mii characters, please make sure not to use your real name. Please keep in mind that other users are able to view your user name and the nickname of your Mii, e.g. when playing games online or when interacting with other users through the Nintendo 3DS Services.
Please ensure that the User-Generated Content you upload, post, send or otherwise make available through any Nintendo 3DS Service, does not infringe on the rights of others, such as, without limitation, copyrights, portrait rights, privacy rights, rights of publicity, trademarks, patents or other intellectual property rights. If you post, send or otherwise make available photos, images or videos displaying other people, you must obtain their permission beforehand.
You agree to indemnify and hold Nintendo, its affiliates and subsidiaries harmless from and against any loss, liability or claim (including reasonable attorney fees) arising out of or in connection with your use of the Nintendo 3DS Services, in particular with any User-Generated Content, including, without limitation, any photographs or any other material you upload.
1.6. Upgrades and Changes
Nintendo may from time to time in its sole and absolute discretion upgrade (patch) any software distributed through the Nintendo 3DS Services for the benefit of the Nintendo 3DS Services users or to protect Nintendo’s Intellectual Property.
IMPORTANT: Your Nintendo 3DS System and software are not designed for use with any existing or future unauthorised technical modification of the hardware or software or the use of any unauthorised device in connection with your Nintendo 3DS System. After the Nintendo 3DS System or any software is updated, any existing or future unauthorised technical modification of the hardware or software of your Nintendo 3DS System, or the use of any unauthorised device in connection with your Nintendo 3DS System, may render your Nintendo 3DS System permanently unplayable. Content deriving from the unauthorised technical modification of the hardware or software of your Nintendo 3DS System may be removed.
Nintendo may, in its sole and absolute discretion, also automatically update your Nintendo 3DS System for the purpose of ensuring the security and proper functioning of your Nintendo 3DS System, in particular but without limitation when files created by unauthorised modifications have been installed, which can affect game play and may damage your console.
Nintendo may, in its sole and absolute discretion, also update or change the specifications, or modify the Nintendo 3DS Services, in part or in whole, for the benefit of the Nintendo 3DS Services users.
1.7. Third Party Providers
Nintendo may allow third parties to provide services and/or material for the Nintendo 3DS Services, including Shopping Service Products.
1.8. Intellectual Property
Nintendo owns or, has the right to use and sublicense, all right, title and interest (including all intellectual property rights) in the Nintendo 3DS Services and the Nintendo Intellectual Property. Further to the licence set out in Article 1.3., we do not provide you with any right, title or interest in the Nintendo 3DS Services or the Nintendo Intellectual Property. Nintendo reserves all rights in the Nintendo 3DS Services and the Nintendo Intellectual Property.
1.9. Nintendo 3DS Code of Conduct
Your use of the Nintendo 3DS Services is subject to your full compliance with this Nintendo 3DS Code of Conduct, which outlines the rules that you must follow to participate in the Nintendo 3DS Services. These rules are designed to keep the Nintendo 3DS Services a friendly and safe environment.
The Nintendo 3DS Code of Conduct prohibits all harmful, illegal or otherwise offensive conduct, including, but not limited to the following:
1.10. Parental Control Function
The Nintendo 3DS System and the Nintendo 3DS Services enable users to access Network Content, User-Generated Content or any other content that may be inappropriate for minors. Nintendo provides the ability to limit access to certain features of the Nintendo 3DS System and the Nintendo 3DS Services through parental control functionality. If your Nintendo 3DS System is used by individuals other than yourself, in particular if it is used by minors, we strongly recommend that you make use of the parental control functionality to limit access to certain Nintendo 3DS Services and content that you deem unsuitable for minors.
1.11. Transfer, Expiration and Termination of Agreement
1.12. Nintendo's Liability to You
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WHATSOEVER SHALL NINTENDO OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES(“AFFILIATES”) BE RESPONSIBLE FOR, AND NINTENDO ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES DISCLAIMS ALL LIABILITY FOR, ANY LOSS, LIABILITY, INJURY, DEATH, EXPENSE OR DAMAGE OF ANY NATURE(WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL), WHETHER ARISING FROM NEGLIGENCE OR ANY OTHER CAUSE, AND WHICH IS SUFFERED BY ANY PERSON WHO ACCESSES, USES OR RELIES ON THE LICENSED NINTENDO 3DS SERVICES. WITHOUT LIMITING THE GENERALITY OF THIS CLAUSE. NEITHER NINTENDO NOR ITS AFFILIATES WILL BE LIABLE FOR ANY LOSS, LIABILITY OR DAMAGE OF ANY NATURE INCURRED BY WHOMEVER AND HOWEVER ARISING, INCLUDING WITHOUT LIMITATION FROM:
IV. WITHOUT LIMITING THE SCOPE OF SUBSECTION III ABOVE, ANY CONTENT POSTED BY THIRD PARTIES ON THE LICENSED NINTENDO 3DS SERVICES, WHETHER OR NOT NINTENDO EXERCISED CONTROL OVER SUCH CONTENT; OR
V. NINTENDO'S DELAY OR FAILURE TO FULFILL ITS OBLIGATIONS UNDER THIS AGREEMENT WHETHER OR NOT SUCH DELAY OR FAILURE RESULTS FROM CAUSES BEYOND NINTENDO'S REASONABLE CONTROL; OR
VI. ANY NEGLIGENT ACT OR OMISSION OF NINTENDO OR ITS AFFILIATES.
THE USER AGREES TO INDEMNIFY AND HOLD NINTENDO AND ITS AFFILIATES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING LEGAL FEES ON AN ATTORNEY AND OWN CLIENT SCALE, MADE BY ANY THIRD PARTY ARISING FROM OR IN RELATION TO THE USER'S ACCESS TO, USE OF, OR RELIANCE ON THE LICENSED NINTENDO 3DS SERVICES.
NEITHER NINTENDO NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT OR CONSEQUENTIAL DAMAGE SUFFERED BY THE USER OR ANY OTHER THIRD PARTY AS A RESULT OF THE EXERCISE BY NINTENDO OF NINTENDO'S RIGHTS IN TERMS OF THIS AGREEMENT.
1.13. Changes to this Agreement
A current version of this Agreement will always be available on Nintendo's website. Nintendo may change the terms and conditions of this Agreement at any time so far as this is necessary or helpful to enhance the service or to adapt it to reflect changes in technical or legal requirements. If we make changes, we will notify you by providing a special notice. If you do not object to these changes within 4 weeks after they have been notified to you, the changes will be deemed to be accepted (the special notice will inform you accordingly). If you object to the changes, Nintendo reserves the right to terminate this Agreement or any portion of it upon a reasonable notice and you will have to register again if you wish to continue using the Nintendo 3DS Services under the new terms and conditions.
You are responsible for the use of your Nintendo 3DS System and the Nintendo 3DS Services by your friends, your family or any other third party. You may not assign, transfer, sublicense or otherwise dispose of this Agreement to a third party. However, if a third party makes unauthorised use of your Nintendo 3DS System and/or makes unauthorised access of the Nintendo 3DS Services via your Nintendo 3DS System, you accept full responsibility for such use and/or access.
1.15. Agreement Interpretation
If any part of this Agreement is found to be invalid or unenforceable, that part of the Agreement will no longer apply. You agree that the invalid part will be considered deleted from the Agreement, but that 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 the initial intention.
1.16. Governing Law
You agree that this Agreement and any claims you may have under it will be governed by the laws of the Republic of South Africa, without reference to conflict of laws principles.
2. Specific Applications and Communication Methods
Nintendo 3DS Services offer you a great variety of applications that allow your Nintendo 3DS System to communicate using wireless internet communication, Local Wireless and StreetPass.
This Article 2. describes the main applications and communication methods of the Nintendo 3DS System. Nintendo will inform you via the update of this Agreement about other new applications which require your knowledge and consent.
The Nintendo 3DS System allows you to disable all Nintendo 3DS Services by using the wireless switch of your Nintendo 3DS System.
2.1. Shopping Service
2.1.1. Shop Account
The Shopping Service may not be available in your country. Subject to the availability of the Shopping Service in your country, you can open a Shop Account on your Nintendo 3DS System. Only one Shop Account can be opened for each Nintendo 3DS System. A Shop Account is personal to you and is tied to your Nintendo 3DS System. Your Shop Account and any Shopping Service Products associated with your Shop Account may not be sold or otherwise transferred to another person or to another Nintendo 3DS System owned by you or by a third party. Notwithstanding the aforesaid, Nintendo may, in accordance with Article 2.8., in its sole discretion, allow you to transfer certain Shopping Service Products from your Nintendo 3DS System to another Nintendo 3DS System you own.
You are responsible for monitoring your Shop Account and for setting up appropriate Parental Controls or other measures to limit the access to your Shop Account.
2.1.2. Purchasing Shopping Service Products
The Shopping Service allows you to use funds transferred to your Shop Account to purchase Shopping Service Products. Funds are non-refundable and cannot be exchanged for cash or credit. Funds can only be used to purchase Shopping Service Products via the Shopping Service. Nintendo may, in its sole discretion, restrict the maximum amount of funds that you can transfer to your Shop Account.
Funds are for your own personal use and are tied to your Shop Account. Once funds are credited to your Shop Account, you may not withdraw or transfer them to another person or platform (e.g. to another Nintendo platform, such as the Wii console or the Nintendo DSi system) or use them to purchase content on any other Nintendo platform. In addition, you may not transfer funds of your Shop Account to any other Shop Account not owned by yourself. Notwithstanding the aforesaid, Nintendo may, in accordance with Article 2.8., in its sole discretion, allow you to transfer funds credited to a Shop Account on your Nintendo 3DS System to another Nintendo 3DS System you own.
You are responsible for your use of the funds for your Shop Account, and for anyone else’s use of those funds.
2.1.3. Transferring Funds to your Shop Account
There are two ways to transfer funds to your Shop Account: By credit card or by purchasing a Funding Card at a retailer:
You can check the funds credited to your Shop Account at any time in your account history. Funds are displayed in the currency corresponding to the country settings you have chosen for the Nintendo 3DS System. Please note that if you change your country settings to a country with a different currency (e.g. if you change your country settings from Germany to United Kingdom) the funds credited to your Shop Account with regard to the former country settings are blocked and you are not able to use any funds credited under the former country settings under the changed country settings. If you change your new country settings back to your former country settings, you will be able to use the funds.
2.1.4. Credit Card Charges and Account History
Each time you deposit funds into your Shop Account online with your credit card, you will receive a receipt confirming your transaction. This receipt will be posted in your account history. When you use the funds to purchase Shopping Service Products, the transaction will also be reflected in your account history. You may obtain your account history through your Shop Account.
2.1.5. Downloading of Shopping Service Products from the Shopping Service
Upon ordering a certain item of Shopping Service Products, the sums required to download that Shopping Service Products will be charged to your Shop Account. Once you have completed the order procedure for a downloadable Shopping Service Product, you cannot cancel that transaction and the Shopping Service Product is made available to you on your Nintendo 3DS System. If you do not have sufficient funds to complete a transaction, Nintendo will not accept any orders placed by you.
By placing an order through the Shopping Service using your Shop Account or by allowing another person to place such order you (i) authorise Nintendo to deduct the price of any Shopping Service Product from your Shop Account and (ii) agree to these terms and conditions.
The prices indicated for any Shopping Service Products available in the Shopping Service will be in the currency corresponding to the country settings you have chosen for the Nintendo 3DS System and shall include all applicable taxes.
2.1.6. Termination of your Shop Account
You may terminate your Shop Account by removing your Shop Account from the Nintendo 3DS System in the settings of the Shop Account. If you terminate your Shop Account you will automatically forfeit any rights to any unused funds credited to your Shop Account, which become the property of Nintendo, and will not be entitled to a refund for any unused funds.
Notwithstanding Article 1.11. of this Agreement, if there is any fraudulent or unlawful activity concerning the funds credited to your Shop Account or the use of the funds credited to your Shop Account, by any person, we may terminate, suspend or otherwise limit your access to the Nintendo 3DS Services, or any portion of the Nintendo 3DS Services, upon which your right to use the Shopping Service, including your funds credited to your Shop Account, will immediately cease. In such a case you will not be entitled for a refund for any unused funds credited to your Shop Account.
2.1.7. Changes to the Shopping Service
Nintendo may modify the Shopping Service (in particular if this is necessary or helpful to enhance the Shopping Service or to adapt it to reflect changes in technical or legal requirements), terminate the Shopping Service, and/or cease to provide any or all of the Shopping Service Products offered on the Shopping Service. If we terminate the Shopping Service, we will provide you with reasonable advance notice.
2.1.8. Right to Cancel
126.96.36.199. Instructions for Right to Cancel
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, you must inform us (Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, telephone number: +49 69 667747 5412, fax number: +49 69 667747 95412, email: eShopService@nintendo.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We will make the reimbursement without undue delay and not later than:
(a) 14 days after the day we receive back from you any goods supplied; or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
The cancellation right expires earlier in respect of the contracts listed below:
- contracts for the supply of digital content: where we supply digital content not on a tangible medium, the cancellation right expires if we have begun our supply of the digital content after you have expressly consented that we can begin the supply before the cancellation period ends, and you have acknowledged that you lose your right to cancel the contract in this circumstance;
- service contracts: the cancellation right expires earlier if the service has been fully performed by us, the performance of the service began with your prior express consent, and you acknowledged that you lose your right of cancellation once the contract has been fully performed.
188.8.131.52. Model Cancellation Form
(If you want to cancel the contract please complete and return this form.)
- To Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, fax number: +49 69 667747 95412, email address: eShopService@nintendo.de
I/We (*) hereby give notice that I/we (*) cancel my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
- Ordered on (*)/received on (*);
- Name of consumer(s);
- Address of consumer(s);
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
SpotPass may send to your Nintendo 3DS System certain Network Content, such as
(i) system updates;
(ii) important messages from Nintendo in relation to the Nintendo 3DS System or your use of the Nintendo 3DS System such as updates on technical issues, etc. These messages are an integral part of the operation of the Nintendo 3DS System and the Nintendo 3DS Services;
(iii) User-Generated Content Restriction System data or updates of User-Generated Content Restriction System data; and
(iv) free applications, like free games, unless you opt-out of this content in the system settings.
IMPORTANT: Please be aware that SpotPass uses an internet connection and automatically connects to the internet without notifying you of such connection. Such connection automatically takes place in Active Mode or in Sleep Mode. Any internet connection may incur costs, the exact amount of which depends on whether you have a flat rate with your internet access provider or on whether you get charged by your internet access provider per minute or megabyte. To avoid that any costs incur, you have to disable all wireless communications by using the wireless switch of your Nintendo 3DS.
You may also choose to receive commercial information via SpotPass, including marketing and advertising messages about Nintendo or third-party products and marketing and commercial applications, including demo versions of games, trailers, etc. You will only receive such commercial information if you opted-in to receive such information.
StreetPass allows your Nintendo 3DS System to arbitrarily select another Nintendo 3DS System or a Relay Point for StreetPass and to send to, receive from and exchange Network Content and User-Generated Content with another Nintendo 3DS System or Relay Point for StreetPass automatically without your operation and with no special notification to you. This information may among others include information attached to your Mii.
By using StreetPass, no connection fees or charges incur.
Communication via StreetPass may take place when your Nintendo 3DS System is in Active or Sleep Mode. In general, as StreetPass is switched off by default, StreetPass will only take place if you choose the respective settings for StreetPass.
Please note that even if you choose not to opt in to StreetPass, your Nintendo 3DS System may transfer, transmit or in any other way forward Network Content or User-Generated Content received from other Nintendo 3DS Systems or from a Relay Point for StreetPass to any other Nintendo 3DS System of other users or to a Relay Point for StreetPass. In this case, only the Network Content and User-Generated Content of other users will be transferred via your Nintendo 3DS System; no data stored on your Nintendo 3DS System concerning you or any other player of your Nintendo 3DS System will be transmitted or sent.
2.4. Friends Functionality
In connection with the friend functionality, your Nintendo 3DS System provides for an “Address Book” and a “Friend Presence Feature”. The “Address Book” is a special application allowing you to enter friend codes or to send friend cards to establish a friendship with another user of a Nintendo 3DS System, to check whether your Friends are online and to interact with your Friends, including, without limitation, to exchange messages and other information with your Friends. The “Friend Presence Feature” allows all your Friends to see your online status, presence information and your play history data (such as information on when your are online, name and icon of favourite application, name and icon of application currently played, current level, current in-game location, playing time, recent logout time, time of updating comments shared with your Friends, etc.) as well as data related to your Personal Mii and you will be able to see the online status, presence information and the play history data of your Friends.
If you do not want your Friends to see your online status, presence information and the play history, you can disable this feature.
2.5. Applications Using Mii Characters
You can send Mii characters to other Nintendo 3DS Systems and can receive Mii characters from other Nintendo 3DS Systems in various Mii-compatible games and applications. When you allow your Mii to “travel” to another Nintendo 3DS System, the Mii is sent to the user of the other Nintendo 3DS System. You may choose to attach certain information to the Mii you created, like name of the Mii, name of the Personal Mii, information related to the appearance of the Mii, such as body shape and colour, name of the game recently played, etc. Such information will also be visible to the other user receiving your Mii.
In some applications, you can send Mii characters manually to another Nintendo 3DS System.
In other applications, if you made the respective settings, the transmission and exchange of your Mii characters takes place automatically without any special notification to you via StreetPass.
Similar to other User-Generated Content sent through any Nintendo 3DS Service (see Article 1.4. above) please note that if your Mii “travels” to other users, such other users may reproduce, alter and or modify the Mii characters and may further share the Mii characters (including the information attached to it) with other users of any Nintendo 3DS System all over the world. When creating a Mii you will be able to choose whether to allow any recipient of your Mii to copy your Mii and whether to allow your Mii to “travel” via StreetPass.
2.6. Correspondence Application
Correspondence application of the Nintendo 3DS System allows you to send User-Generated Content, including handwritten messages, photos and audio data such as voice records, to your Friends and to receive User-Generated Content from your Friends. Please note that if you choose the respective settings, User-Generated Content you share with your Friends may be further shared with other users, including via StreetPass.
2.7. Nintendo Zone
The Nintendo 3DS System will show you a notification icon if you are close to a Nintendo Zone. You may choose to access Nintendo Zone where Nintendo and/or its selected partners may provide commercial or non-commercial information on your Nintendo 3DS System. Nintendo will not send you unsolicited commercial messages.
2.8. System Transfer
“System Transfer” is an application allowing you to transfer certain data and content (i) from one Nintendo 3DS System to another or (ii) from one Nintendo DSi system to a Nintendo 3DS System through internet communication or Local Wireless communication.
When using the System Transfer you are only allowed to transfer data between systems owned by you; you are not allowed to transfer data between a system owned by you and a system owned by a third party.
Please note that you can only transfer data Nintendo has designated as transferable. As far as is designated by Nintendo as transferable, you may transfer certain save data for built-in applications, photos and audio data, system settings data (such as the settings for your wireless internet communications, friend codes) and certain add-on data created by built-in application using Local Wireless.
Notwithstanding anything to the contrary contained in the Nintendo DSi Network Services Agreement and so far as designated by Nintendo as transferable, Nintendo may allow you to transfer software you have downloaded from the Nintendo DSi Shop on your Nintendo DSi system to a Nintendo 3DS System owned by you.
Notwithstanding Article 2.1.1. above and as far as designated by Nintendo as transferable, Nintendo may allow you to transfer software you have downloaded from the Shopping Service on your Nintendo 3DS System to another Nintendo 3DS System you own.
Notwithstanding Article 2.1.2. above and as far as designated by Nintendo as transferable, Nintendo may, in its sole discretion, allow you to transfer funds credited to a Shop Account on your Nintendo 3DS System to another Nintendo 3DS System you own.
In particular, you agree that
3.1. PARENTS PLEASE READ: PROTECTING CHILDREN’S PRIVACY
Before allowing your children to use the Nintendo 3DS Services, we strongly recommend that you educate them on the importance of not sharing any personal information about themselves with other Nintendo 3DS users your children do not know personally. In particular, we recommend that you tell your children not to use personal information for any nicknames on games, user names in chat rooms, or any other applications that use the Nintendo 3DS Services.
You must setup the Nintendo 3DS Services for your children, and supervise your children’s use of the Nintendo 3DS Services at all times. If at any time you want to stop your children’s use of the Nintendo 3DS Services, please use the parental control functionality.
3.2. Information Collected and its Uses
3.2.1. What Information We Collect
In connection with the Nintendo 3DS Service we may collect
- your name (first and last name),
- your address,
- your email-address,
- your birth date,
- your gender,
- the MAC address assigned to your Nintendo 3DS System,
- the IP address, which is automatically assigned to your Nintendo 3DS System by your internet service provider when your Nintendo 3DS System connects to the internet,
- the serial number assigned to your Nintendo 3DS System,
- friend codes,
- Shop Account ID,
- information about the way your Nintendo 3DS System and the Nintendo 3DS Services are used, such as play history, online presence information and play history data (such as software titles played, time when playing started and playing time, information on when the Nintendo 3DS System has been online, name and icon of favourite application, name, icon and information about application currently played, including player name, current level, current in-game location, recent logout time, time of updating comments shared with your Friends) as well as information you submitted when participating in surveys,
- configuration information from the Nintendo 3DS System and system setting information from the Nintendo 3DS System (including country settings, language settings, parental control settings, internet settings),
- information related to the messages sent to Friends (including friend codes, nicknames, date, number of pages and technical information regarding attachments), and
- information about the way you use the Shopping Service, including your purchase history, information on Shopping Service Products you have viewed, the software you have registered on your wish list and recommendations, game ratings made by you, the game code of applications to be transferred and the funds credited to your Shop Account; if you use the credit card in the Shopping Service, we will store the number of your credit card separately according to the rules issued by the credit card provider.
3.2.2. How We Use the Information
The information we collect is mainly used to provide the Nintendo 3DS Service.
In addition, we may use the information about the way you use the Nintendo 3DS System and the Nintendo 3DS Service (such as your play and purchase history) for commercial analysis and for marketing and market research purposes, so that we can optimise our products and services, tailor our products and services to satisfy your requirements and customise the advertising and offers displayed in the Shopping Service to satisfy your requirements.
Furthermore, provided you have opted-in to receive commercial information such as marketing messages or commercial applications such as demo versions or trailers via the Nintendo 3DS Services, you also agree that we may use the information to tailor the commercial information to satisfy your requirements. Please note that you only receive such commercial information if you consent to it.
If you do not want your Friends to see your presence information or the play history, you can disable this feature.
3.2.3. Web Beacons and Cookies
Certain Nintendo 3DS System 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, on a Web-based document, or in an email message, designed to collect certain information and monitor user activity. We may use Web beacons to collect information such as IP address, MAC address, the URL of the page the user comes from, and the time the Web beacon is activated (such as when you view the page, advertisement, or email containing the Web beacon). We may use the information collected through Web beacons, for example, to determine how to improve the Nintendo 3DS System applications by seeing which areas, features, and products are most popular; to personalise the Nintendo 3DS Services.
3.3. Linking your Club Nintendo Account
If you link your Nintendo 3DS System to your Club Nintendo Account, any information stored related to your Club Nintendo Account will be linked to information stored related to your Nintendo 3DS System.
3.4. User Communications
When you send an email or other communication to Nintendo, we may retain those communications in order to process your inquiries and respond to your requests.
3.5. User-Generated Content
Some of the Nintendo 3DS Services may allow you to use nicknames, create a user ID and interact with other gamers. We strongly encourage you not to use your own name or any other information about yourself (such as your address, your email address or your telephone number) or any third party in any such services or communications. Posted information may become visible for third parties; see also Article 1.4. above.
3.6. Information on your Nintendo 3DS System
Your Nintendo 3DS System may store certain information about you. For your protection, before selling or otherwise transferring your Nintendo 3DS System, please make sure to delete all Shop Account information and to format your Nintendo 3DS System in the settings of your Nintendo 3DS System so that all information stored during your use of this Nintendo 3DS System is deleted.
3.7. Receiving Commercial Information
If you consent to receive commercial information, such as marketing or advertising messages, and commercial applications, such as demo versions and trailers, you will receive such commercial information about Nintendo or third-party products. To indicate your consent you can opt-in to receive such commercial information when prompted during the initial boot-up sequence of your Nintendo 3DS System or at any other time later.
You can withdraw your consent to receive commercial information any time.
3.8. Who Has Access to your Information
Nintendo of America Inc. adheres to the “Safe Harbour Principles” providing for an adequate level of data protection, i.e. a level comparable to the level under the data protection laws in the European Community, respectively within the European Economic Area.
You should be aware that the level of data protection under the laws of Japan and with regard to data stored and processed by Nintendo Co., Ltd. is lower than the level in the European Community, respectively within the European Economic Area.
3.9. Deleting your Information
3.10. Contact Us