THIS IS AN IMPORTANT LEGAL AGREEMENT!

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 before you may use the Nintendo DSi Shop Service.

Scope of this Agreement

This agreement covers your use of the Nintendo DSi Shop Service. It is an addendum to the agreement covering your use of the Nintendo DSi Network Services, which you accepted when activating this Service. The provisions of the Nintendo DSi Network Services Agreement apply to the use of the Nintendo DSi Shop Service in addition to this agreement. If there are any inconsistencies between this Nintendo DSi Shop Service Agreement and the Nintendo DSi Network Services Agreement, this Nintendo DSi Shop Service Agreement will control.

You may only enter into this agreement if you have already accepted the terms of the Nintendo DSi Network Services Agreement. If you do not agree with those terms, you must select the “I Decline” button.

Because this agreement is an addendum to the Nintendo DSi Network Services Agreement, upon the termination of Nintendo DSi Network Services Agreement, for any reason, this agreement will automatically terminate and your Nintendo DSi Shop Account will also automatically terminate.



Unless otherwise required by the context, the terms defined in the Nintendo DSi Network Services Agreement will have the same meaning in this agreement.

Nintendo DSi Shop Service

The Nintendo DSi Shop Service is provided to you by Nintendo. Nintendo may modify the Nintendo DSi Shop Service (in particular if this is necessary or helpful to enhance the Service or to adapt it to reflect changes in technical or legal requirements), terminate the Nintendo DSi Shop Service, and/or cease to provide any or all of the Content and Products offered on the Nintendo DSi Shop Service.

Nintendo DSi Shop Account

By accepting this agreement a Nintendo DSi Shop Account is automatically opened for your Nintendo DSi. Only one Nintendo DSi Shop Account can be opened for each Nintendo DSi. A Nintendo DSi Shop Account is personal to you. Your Nintendo DSi Shop Account and any Content or Products associated with your Nintendo DSi Shop Account may not be sold or otherwise transferred to another person.

You are responsible for monitoring your Nintendo DSi Shop Account and for setting up appropriate Parental Controls or other measures to limit the access to your Nintendo DSi Shop Account (for details please see your Nintendo DSi Operations Manual.

License Content and Purchase Products with Nintendo DSi Points

The Nintendo DSi Shop Service allows you to use the Nintendo Points you have purchased to license Content or purchase Products. Nintendo DSi Points have no cash or monetary value and are non-refundable.

Nintendo DSi Points are for your own personal use. Once Nintendo Points are placed into your Nintendo DSi Shop Account, you may not withdraw or transfer them to another person or platform or use them to purchase content on any other Nintendo platform (e.g. on a Wii console). You are responsible for your use of Nintendo DSi Points placed into your Nintendo DSi Shop Account, and for anyone else’s use of those Nintendo DSi Points, whether or not you gave them your permission.

If there is any fraudulent or unlawful activity concerning the Nintendo DSi Points in your Nintendo DSi Shop Account or the use of Nintendo DSi Points, by any person, we may terminate, suspend or otherwise limit your access to the Nintendo DSi Network Services, or any portion of the Nintendo DSi Network Services, upon which your right to use the Nintendo DSi Shop Service, including your Nintendo DSi Points, will immediately cease.

Crediting Nintendo DSi Points to your Nintendo DSi Shop Account

There are two ways to add Nintendo DSi Points to your Nintendo DSi Shop Account. You can either use your credit card to purchase Nintendo DSi Points online, which are then immediately credited to your account or you can buy a Nintendo Points Card at a retailer. The Nintendo Points Card can be used both on the Nintendo DSi system and on the Wii console but once Nintendo Points are placed into either your Nintendo DSi Shop Account or your Wii Shop Account, you may not withdraw or transfer them to another person or platform or use them to purchase Content on any other Nintendo platform (e.g. Nintendo Points placed into the Wii Shop Account cannot be transferred to or used in the Nintendo DSi Shop Account).

Credit Card Charges and Your Billing Account

You may use your credit card to purchase Nintendo DSi Points online. You represent to us that you are authorised to use the credit card and you agree that you are responsible for all charges to that credit card. Unless otherwise required by law, all charges to the credit card that is used to purchase Nintendo DSi Points are non-refundable.

Each time you purchase Nintendo DSi Points online through the Nintendo DSi Shop Service with your credit card, you will receive a receipt confirming your transaction. This receipt will be posted in your account history. When you use Nintendo DSi Points to license Content or purchase Products, the transaction will also be reflected in your account history. You may obtain your account history through the Nintendo DSi Shop Service. Account history information will be available for transactions conducted within the last two calendar years, unless you delete the information from your account history or format your Nintendo DSi.

Downloading of Content from the Nintendo DSi Shop

In the Nintendo DSi Shop we offer a variety of Content for download. By completing the order procedure you acquire a limited licence to use the selected Content. Please note that you may only use the Content on the Nintendo DSi on which it was first downloaded; it is not possible to transfer the Content to another Nintendo DSi.

Upon ordering a certain item of Content, the number of Nintendo DSi Points required to download that Content will be charged to your Nintendo DSi Shop Account. Once you have completed the order procedure for an item of Content, you cannot cancel that transaction.

Termination of your Nintendo DSi Shop Account

You may terminate your Nintendo DSi Shop Account by contacting your nearest Nintendo Service Centre. Upon termination of your Nintendo DSi Shop Account, you will no longer be able to use the Nintendo DSi Shop Service. If you terminate your Nintendo DSi Shop Account you will automatically forfeit any rights to any unused Nintendo DSi Points, which become the property of Nintendo.