THIS IS AN IMPORTANT LEGAL AGREEMENT!
If you are under the age of 18, STOP! You must get your legal guardian or parent to read and accept the terms of this agreement.
This is a binding agreement between
you, an individual, and Nintendo of Europe GmbH, Nintendo Center, 63760 Grossostheim,
Nintendo DSi Network Services
Article 1: Nintendo DSi Network Services This agreement covers your use of the Nintendo DSi Network Services. Further to the terms of this agreement and, where applicable, the Nintendo DSi Shop Service Agreement, this agreement also includes the terms of the following documents: • The Nintendo DSi Network Services Code of Conduct. The purpose of this document is to keep the Nintendo DSi Network Services a friendly and safe environment. • The Nintendo DSi Network Services Privacy Policy. This document provides you with an understanding of the information that is submitted and collected through the Nintendo DSi Network Services. You must read both of these documents before accepting the terms of this agreement. By accepting the terms of the Nintendo DSi Network Services Agreement, you also unreservedly accept all of the terms of these documents. Article 2: Grant of Licence We grant you a personal, limited, non-exclusive licence to use the Nintendo DSi Network Services, in accordance with this agreement. Specifically: • The Nintendo DSi Network Services are solely for your own personal recreational use. However, you accept responsibility for your use and for anyone else’s use of the Nintendo DSi Network Services through your Nintendo DSi system, whether or not you give them permission to do so. • You may not transfer, assign, sublicense or otherwise dispose of this licence to another person or entity, and any attempt to do so will be void. • You may not use or attempt to use the Nintendo DSi Network Services for any commercial or illegal purpose, or in a way that may harm another person or entity, or in an unauthorised or otherwise improper manner. • You must delete all Content, including games and other software downloaded through the Nintendo DSi Shop, and any personal data, and all other stored sensitive information that is resident on your Nintendo DSi system prior to selling or otherwise transferring your Nintendo DSi system to any third party. If you acquire a used Nintendo DSi system, you must delete all Content, personal data, and all other stored personal or sensitive information that may be resident on that Nintendo DSi system at the time you acquire it. • The Nintendo DSi Network Services are licensed to you for use on your Nintendo DSi system only in the E.E.A. or Switzerland, depending on where you live, as indicated by your choice of country of residence in the country setting for your Nintendo DSi system. Nintendo DSi Network Communication Services Article 3: Nintendo DSi Network Communication Services By registering for the Nintendo DSi Network Services, you agree that Nintendo may provide you with the Nintendo DSi Network Communication Services. Nintendo may stop providing the Nintendo DSi Network Communication Services, in part or in whole, at any time. Nintendo may also from time to time update or change the specifications, or modify the services and the Content, in part or in whole, for the benefit of the Nintendo DSi Network Communication Services users. Article 4: Nintendo Zone You may choose to access commercial information on your Nintendo DSi which Nintendo and/or its selected third parties make available via Nintendo Zone. Nintendo will not send you unsolicited commercial messages. When your Nintendo DSi system is turned ON and you are within range of the Nintendo Zone, you can activate the Nintendo Zone viewer to receive an opt-in message asking if you agree to commercial banners being displayed on your Nintendo DSi screens that will give you access to online commercial information, including advertising and vouchers, from Nintendo and/or selected third parties. You may then choose whether to allow the display of the commercial banners and to access a Nintendo or third party website in order to access the commercial information. For more details, please see the Nintendo DSi Operations Manual. Article 5: Third Party Data / User-Generated Content We are not responsible for any third party data or user-generated content, or for any action you may take relating thereto (including but not limited to distributing, posting, or sending third party data or user-generated content to others). All third party data is the sole responsibility of the creator or sender of that third party data and all user-generated content is your sole responsibility. Please note that we are not obligated to monitor, supervise, store or maintain third party data or user-generated content, or respond to complaints relating to third party data or user-generated content. If legally permitted, we may access, use and disclose any third party data or user-generated content in order to protect our rights or property, to protect other users of the Nintendo DSi Service, or to comply with legal requirements. Article 6: Indemnity You agree to indemnify and hold Nintendo, its affiliates and subsidiaries, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney fees, arising out of or in connection with: (i) any photographs or any other material you upload and share with other Nintendo DSi users or with third parties on the internet; (ii) your use of the Nintendo DSi Network Communication Services; (iii) your conduct in connection with these Services or with other users of these Services; and (iv) any violation of this agreement or of any law or the rights of any third parties. Article 7: Upgrades and Changes Nintendo may from time to time upgrade (patch) any software distributed through the Nintendo DSi Network Communication Services at any time for the benefit of the Nintendo DSi Network Communication Services users or to protect Nintendo’s intellectual property rights. Nintendo may also automatically update your Nintendo DSi system without prior notice for the purpose of ensuring the security and proper functioning of your Nintendo DSi system, in particular when files created by unauthorised modifications have been installed, which can affect game play and may damage your console. Other Article 8: Third Party Providers Nintendo may allow third parties to provide services and/or material for the Nintendo DSi Network Services, including Content and Products. Article 9: Intellectual Property Nintendo owns all right, title and interest (including all intellectual property rights) in, or has the right to use and sublicense, the Nintendo DSi Network Services and the Nintendo Intellectual Property. Further to the licence set out in Article 2, we do not provide you with any right, title or interest in the Nintendo DSi Network Services or the Nintendo Intellectual Property. Nintendo reserves all rights in the Nintendo DSi Network Services and the Nintendo Intellectual Property. Article 10: Prohibition of Duplication, Modification and Reverse Engineering You may not host, intercept, emulate, or reverse engineer any part of the Nintendo DSi system or the Nintendo DSi Network Services. Article 11: Parental Controls Function The Nintendo DSi system and the Nintendo DSi Network Services enable users to access Content that may be inappropriate for minors. However, we provide the ability to limit access to certain features of the Nintendo DSi system and the Nintendo DSi Network Services through parental control functionality. If your Nintendo DSi 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 make sure that users of your Nintendo DSi system only obtain access to Content that is appropriate for their age. For details, please see the Nintendo DSi Operations Manual. Article 12: Code of Conduct Your use of the Nintendo DSi Network Services is subject to your full compliance with the Nintendo DSi Network Services Code of Conduct, which prohibits all harmful, illegal or otherwise offensive conduct. The complete Nintendo DSi Network Services Code of Conduct may be found at [http://DSi.nintendo-europe.com/ terms] and may be revised by us from time to time. It is your responsibility to review the Nintendo DSi Network Services Code of Conduct periodically. If you do not have internet access, please contact your nearest Nintendo Service Centre and they will send you a current version of the Code of Conduct, free of charge. If you do not agree to any future changes to the Code of Conduct, it is your responsibility to cancel your registration for the Nintendo DSi Network Services in accordance with this agreement. Article 13: Protection of Personal Information Nintendo is committed to protecting the privacy and security of your Personal Information. We have developed the Nintendo DSi Network Services Privacy Policy to provide you with information relating to the privacy, security, collection and use of information you submit through the Nintendo DSi Network Services. Please scroll down to read the Nintendo DSi Network Services Privacy Policy. Article 14: Expiration and Termination of Agreement • You may terminate this agreement by removing Content and Products from the Nintendo DSi system. • We may terminate this agreement, or any portion of this agreement, at any time, if you breach the terms of this agreement or for technical or commercial reasons. If we terminate this agreement for technical or commercial reasons, we will provide you with reasonable advance notice. Such termination will terminate any licences granted in this agreement and may prevent your use of the Nintendo DSi Network Services, including the Nintendo DSi Shop Service. • If this agreement is terminated, for any reason, the following Articles will remain in effect: (i) Intellectual Property; (ii) Nintendo's Liability to You; (iii) Governing Law; and (iv) Agreement Interpretation. Article 15: Nintendo's Liability to You • If you have any comments, questions or concerns about the Nintendo DSi Network Services or other Nintendo DSi services, please contact your local Nintendo Service Centre where an advisor will be happy to discuss these with you and to consider how to resolve any issues that you may be experiencing. • Nintendo uses reasonable skill and care to deliver the Nintendo DSi Network Services to you but does not make or give any other warranty, representation or undertaking as to the quality, merchantability or fitness for purpose of the Nintendo DSi Network Services. • The only warranties, representations and undertakings given by Nintendo in respect of the Nintendo DSi Network Services are those expressly set out in this agreement. • Nintendo accepts liability only to the extent that it arises directly out of a breach by Nintendo of this agreement and that such liability was reasonably foreseeable by Nintendo. Article 16: Agreement Updates Nintendo may change the terms and conditions of this agreement, including the Nintendo DSi Network Services Code of Conduct and the Nintendo DSi Network Services Privacy Policy which are both a part 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. A current version of this agreement will always be available on Nintendo's website at [http://DSi.nintendo-europe.com/ terms] and we will post any changes to the agreement online at least 30 days before they take effect. We recommend that you visit this page regularly to stay informed of changes to this agreement. If you do not have internet access, you may contact your local Nintendo Service Centre and we will send you a current version of this agreement, free of charge. If you notify us that you do not agree to any such changes that we make, this agreement will automatically terminate after a period of one month. You will have to register again if you wish to continue using the Nintendo DSi Network Services under the new terms. By continuing to use the Nintendo DSi Network Services you will be deemed to have accepted any such changes in their entirety. Article 17: Non-Assignability You are responsible for the use of your Nintendo DSi system and the Nintendo DSi Network Services by your friends and family. 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 DSi system and/or makes unauthorised access of the Nintendo DSi Network Services via your Nintendo DSi system, you accept full responsibility for such use and/or access. Article 18: Governing Law You agree that this agreement and any claims you may have under it will be governed by the laws of Germany, without reference to conflict of laws principles. Article 19: 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 reflecting the initial intention. Article 20: Definitions In this Agreement, the following capitalised terms shall have the following meanings: “Content” means the software and content which Nintendo owns, or has obtained the right to use, distribute or sublicense, and which is available for downloading through the Nintendo DSi Shop Service, or through other means. “Nintendo DSi Points” means the points which you purchase from Nintendo through the Nintendo DSi Shop Service or via Nintendo Points Cards and which may be used by you in exchange for a licence to use Content or to purchase Products. “Nintendo DSi Network Communication Services” means the services whereby Nintendo can distribute Content, Products, material, e-mail and other data to your Nintendo DSi system at any time and whereby you can send and receive e-mails, photographs and other material using your Nintendo DSi system. “Nintendo DSi Network Services” means the Nintendo DSi Shop Service, Nintendo DSi Network Communication Services, and any related services and material delivered to your Nintendo DSi system over the internet, including but not limited to Content, Products and Nintendo DSi Points. “Nintendo DSi Network Services Code of Conduct” means the code of conduct applicable to the Nintendo DSi Network Services as revised by us from time to time, a current version of which will always be available at [http://DSi.nintendo-europe.com/ terms]. “Nintendo DSi Network Services Privacy Policy” means the privacy policy applicable to the Nintendo DSi Network Services as revised by us from time to time, a current version of which will always be available at [http://DSi.nintendo-europe.com/ terms]. “Nintendo DSi Shop Account” means a non-transferable personal account that will be established on your Nintendo DSi system upon acceptance of these terms and the Nintendo DSi Shop Service terms of use, and which you use in connection with the Nintendo DSi Shop Service. “Nintendo DSi Shop Service” means the services related to the Nintendo DSi Shop Account, Nintendo DSi Points, Products, online store, and download service, all of which Nintendo directly or indirectly operates, as outlined in this and the Nintendo DSi Shop Service agreements. “Nintendo DSi system” means Nintendo’s handheld device (including imbedded software and accessories) sold and marketed by Nintendo under the Nintendo DSi brand, including any succeeding handheld devices and compatible devices. “Nintendo Intellectual Property” means 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 Points Card” means prepaid cards sold or distributed by Nintendo or Nintendo’s promotional partners which contain credits for Nintendo Points. “Nintendo Zone” means a service that utilises Wi-Fi hotspots and download stations to enable you to access Content, third party data, and other services. “Products” means any goods other than Content which are made available for purchase through the Nintendo DSi Shop Service. NINTENDO DSi NETWORK SERVICES CODE OF CONDUCT This Nintendo DSi Network Services Code of Conduct outlines the rules that you must follow to participate in the Nintendo DSi Network Services. These rules are designed to keep the Nintendo DSi Network Services a friendly and safe environment. The complete Nintendo DSi Network Services Code of Conduct (“Code of Conduct”) may be found at [http://DSi.nintendo-europe.com/ terms] and may be revised by us at anytime. If you do not have internet access, please contact your local Nintendo Service Centre using the contact information specified below and they will send you a current version of the Code of Conduct, free of charge. All capitalised terms not defined in this Code of Conduct will have the meaning set forth in the Nintendo DSi Network Services Agreement. 1. Your use of the Nintendo DSi Network Services is subject to this 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 Nintendo DSi Network Services. • Making, sharing or playing unauthorised copies of games, music or images on the Nintendo DSi system. This activity is illegal! • Making new versions of existing Content or Products (“derivatives”). • Trying to access another person’s Nintendo DSi Network Services without permission or trying to gain unauthorised access to any of Nintendo’s computers, hardware or networks used to provide the Nintendo DSi Network Services. • 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 Network Services, 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 Network Services or networks connected to the Nintendo DSi Network Services. • 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 computers, hardware or networks of Nintendo or of any third party without permission. • Uploading, posting, e-mailing, 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 unauthorised advertising or promotional materials (e.g. "spam"); or (d) content to which you have disguised the origin. 2. Nintendo is not responsible for anything you say or anything that happens on the Nintendo DSi Network Services or as a result of your use of the Nintendo DSi Network Services; you alone are responsible. 3. Virtual Property. Some games or other content may have certain features that can be traded with other Nintendo DSi Network Services 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 Nintendo DSi Points. 4. Nintendo reserves the right to immediately terminate or suspend your use of the Nintendo DSi Network Services if Nintendo suspects (in its sole discretion) that you have committed any violation of this 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 is necessary or appropriate (in its sole discretion) to investigate or resolve possible problems or enquiries, or as otherwise required by law. NINTENDO DSi NETWORK SERVICES PRIVACY POLICY Nintendo of Europe GmbH, Nintendo Center, 63760 Grossostheim, Germany (“Nintendo”) is dedicated to protecting your privacy and handling any Personal Information we obtain from you with care and respect. Our Nintendo DSi Network Services Privacy Policy (“Privacy Policy”) is intended to provide you with an understanding of information that is submitted and collected through the Nintendo DSi Network Services. We may revise and update this Privacy Policy from time to time. Please review this Privacy Policy often to ensure that you are aware of any changes and are in compliance with the most recent version posted on [http://DSi.nintendo-europe.com/ terms] or contact your local Nintendo Service Centre. This Privacy Policy only applies to information submitted and collected through the Nintendo DSi Network Services. It does not apply to any information you may submit through any of Nintendo’s web sites. Please read the following provisions carefully as they all apply to use of the Nintendo DSi Network Services by you and any other person using your Nintendo DSi system. PARENTS PLEASE READ: PROTECTING CHILDREN’S PRIVACY Before allowing your children to use the Nintendo DSi Network Services, we strongly recommend that you educate them on the importance of not sharing any Personal Information about themselves with strangers. 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 DSi Network Services. Nintendo will not knowingly collect any Personal Information from unsupervised children under the age of 18. You must assist your children with the setup of the Nintendo DSi Network Services, and supervise your children’s use of the Nintendo DSi Network Services at all times. If at any time you want to stop your children’s use of the Nintendo DSi Network Services, you can simply switch off the Nintendo DSi Network Services as explained in your Nintendo DSi Operations Manual. A. INFORMATION COLLECTED “Personal Information” is information that can identify you as an individual, such as your name, address, telephone number, or your e-mail address. Please note that we do not collect such Personal Information, unless you link your Nintendo DSi Shop Account to your online Club Nintendo Account (You can create a Club Nintendo Account on Nintendo’s website at [www.nintendo-europe.com]). If you link these accounts, you will be subject to the Club Nintendo Privacy Policy, which may be found at [http://privacy.nintendo.co.uk]. In the event of conflict between the Nintendo DSi Network Services Privacy Policy and the Club Nintendo Privacy Policy, the Club Nintendo Privacy Policy will govern. You may also contact your nearest Nintendo Service Centre and we will send you a current version of the Nintendo DSi Network Services Privacy Policy and/or the Club Nintendo Privacy Policy, free of charge. If you have linked your Nintendo DSi Shop Account to your Club Nintendo Account, and if you want to opt out of the collection of personal data, you must unlink your Nintendo DSi Shop Account from your Club Nintendo Account in order to stop the collection of information about you. You can do so in the settings section of the Nintendo DSi Shop Channel or send an e-mail to [NintendoServiceCenter@ codestorm.co.uk]. We may anonymously monitor your use of the Nintendo DSi Network Services. But as mentioned above, unless you link your Nintendo DSi Shop Account to your Club Nintendo Account, we will not collect any Personal Information, i.e. data that can identify you. This collection of data will be anonymous. We may receive and record information on our server logs from the Nintendo DSi Network Services, including, but not limited to, your Internet Protocol (“IP”) address, transactions, settings and download activity. If you want to know more about the anonymous collection of data, please contact your nearest Nintendo Service Centre. B. NINTENDO DSi NETWORK Some of the Nintendo DSi Network Services may allow you use nicknames, create a user ID and interact with other gamers. We strongly encourage you not to use your own name or any other Personal Information for this purpose. In addition, we strongly encourage you not to share Personal Information about yourself and to not allow your children to share Personal Information about themselves. C. INFORMATION STORED ON YOUR NINTENDO DSi SYSTEM Your Nintendo DSi system may store certain Personal Information. For your protection, before selling or otherwise transferring your Nintendo DSi system, please be sure to delete all Nintendo DSi Shop Account information, Nintendo DSi messages or other Personal Information, any pictures or messages on your Nintendo DSi system, and all other stored sensitive information on the Nintendo DSi Network Services, your Nintendo DSi system, and/or Nintendo DSi accessories. For instructions on formatting your Nintendo DSi system and deleting your Nintendo DSi Shop Account activity, please review the Nintendo DSi Operations Manual. D. CONTACT US WITH YOUR PRIVACY QUESTIONS, COMMENTS OR CONCERNS If you have any questions, complaints or comments regarding this Nintendo DSi Privacy Policy or our practices, please contact the Nintendo DSi Privacy Policy Administrator via e-mail at: [NintendoServiceCenter@ codestorm.co.uk]. Contact Information The Nintendo DSi Network Services are operated by Nintendo of Europe GmbH Nintendo Center, 63760 Grossostheim, Germany, E-Mail: [info@nintendo.de], Telephone: +49(0)6026 950-0, VAT-number: DE 132095955, Company registered at Local Court of Aschaffenburg HRB 4276, Managing Director: Satoru Shibata. For support in English, please contact the Nintendo Service Centre in the UK. Telephone: +44 (0) 870 6060 247 (In the UK, calls will be charged at the National Rate to the caller. Calls from outside the UK will be charged at the applicable international rate). E-mail: [NintendoServiceCenter@ codestorm.co.uk]