Last updated: 16 December 2014
This is a binding agreement between you, an individual, and Nintendo Australia Pty Limited, 804 Stud Road, Scoresby, Victoria, 3179, Australia. In this agreement, Nintendo Australia Pty Limited will be referred to as "Nintendo", "we" or "us".
This Nintendo Network Agreement (the "Agreement") covers your use of Nintendo Network.
1 General Provisions
In this Agreement, the following terms shall have the following meanings:
"Digital Products" refers to all games, applications, software, add-on content for games, applications and software, vouchers for digital services and other digital content which is available free of charge or sold in Nintendo Shopping Services for use on a Nintendo Device and/or via Nintendo Network.
"Linked Nintendo Device" refers to a Nintendo Device which has been linked to a Nintendo Network ID.
"Mii character" refers to a customisable electronic avatar that you can create in a Mii creation application and that can be used in games and other applications in Nintendo Network, including for representing your Nintendo Network ID to other users.
"Nintendo Device" refers to an electronic device manufactured and marketed by Nintendo under the "Nintendo"® trademark, which is capable of being linked to a Nintendo Network ID.
"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, Mii characters and other confidential and proprietary information which Nintendo developed, owns or is granted a licence to use.
"Nintendo Network" refers to an aggregate of all games, applications, software, services, portals, data and other content, whether commercial or non-commercial content, of Nintendo or third party partners of Nintendo, that is available to users with a registered Nintendo Network ID when they connect to the internet on their Linked Nintendo Device or when they access games, applications, software, portals, messages, information, data and other content identified as Nintendo Network content on any other device connected to the internet.
"Nintendo Shopping Services" refers to any applications, software and services available on Nintendo Network that allow users to (i) register to their Nintendo Network ID licences for games, applications, software, add-on content for games, applications and software, vouchers for digital services and other digital content, free of charge or against payment and/or (ii) purchase Physical Products from Nintendo.
"Physical Products" refers to tangible and physical items.
"Third-Party Content" refers to games, applications, software, add-on content, services, websites, portals, data and other digital content provided by third parties.
"Third-Party Shopping Services" refers to any applications, software and services offered by third parties that may be accessible on Nintendo Network, but that are not registered to the Nintendo Network ID and that allow users to obtain licences for games, applications, software and other digital content of third parties under the terms established by third parties.
"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 (including user names, nicknames, customised Mii characters, Mii nicknames, customised levels, maps, scenarios etc.) that is created by or licensed to Nintendo Network users and that is posted, sent or otherwise made available by a Nintendo Network user on a Nintendo Device and/or via Nintendo Network.
1.2 Nintendo Network ID
To use Nintendo Network you must register a Nintendo Network ID. You must provide accurate and complete data during the registration and update your registration data if they change.
The Nintendo Network ID is linked to your country of residence that you indicated during the registration. If you move to another country, you may not be able to use your Nintendo Network ID (including Digital Products) and you may have to create another Nintendo Network ID if you want to enjoy Nintendo Network in this new country. If you move back to the country, in which your Nintendo Network ID was registered, you will be able to use your original Nintendo Network ID again.
The Nintendo Network ID is personal to you and you may not sell, trade, assign or otherwise transfer your Nintendo Network ID to any other person or entity.
You are responsible for all transactions in your Nintendo Network ID. You must keep your login information secure at all times. In the event you become aware of or reasonably suspect any breach of security, such as an unauthorised access to your Nintendo Network ID by a third party, or of any loss, theft or disclosure of your login information, you must immediately notify Nintendo.
Nintendo, in its sole discretion, may allow you to link your Nintendo Network ID to one or several Nintendo Devices. If your Nintendo Network ID is linked to a Nintendo Device, you must delete your Nintendo Network ID and any other content that is personal to you from the Linked Nintendo Device before you sell or otherwise transfer your Linked Nintendo Device to another person.
Children may use a Nintendo Network ID set up for them by their parent or legal guardian. Parents or legal guardians must supervise their children’s use of Nintendo Network at all times. Parents or legal guardians are responsible for using the parental control functionality offered by Nintendo if they want to limit their children’s use of Nintendo Network.
1.3 Use of Nintendo Network
Nintendo Network is solely for your own personal recreational and non-commercial use. Nintendo Network must not be used for any other purpose.
You are responsible for all costs in relation to the use of Nintendo Network via your Nintendo Network ID, whether by yourself or by your friends, your family or any other third party (including any internet connection fees, the costs for the necessary equipment and any other relevant fees and charges). The exact amount of costs depends, among other things, on the device that you use to access Nintendo Network, on your activities in Nintendo Network and on the conditions of your internet access provider.
Nintendo Network is not available in all countries. Games, applications, software, services, portals, data and other content offered in Nintendo Network may differ from country to country. Nintendo may from time to time change Nintendo Network, in part or in whole, for the benefit of the Nintendo Network users.
1.4 User-Generated Content
Nintendo is not responsible for any User-Generated Content. User-Generated Content is the sole responsibility of the Nintendo Network user who posted, sent or otherwise made available such User-Generated Content via Nintendo Network. Nintendo is not obligated to monitor 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 User-Generated Content at its own discretion.
If you post, send or otherwise make available User-Generated Content via Nintendo Network you grant Nintendo a non-exclusive, worldwide, royalty-free, perpetual and fully transferable right to reproduce, publish and make available User-Generated Content via Nintendo Network as envisaged by the application that you use to post, send or otherwise make available such User-Generated Content. This does not apply to User-Generated Content contained in any private messages or in any other private communication.
You acknowledge that, depending on the application you use within Nintendo Network, your User-Generated Content may be viewed, reproduced, published and/or modified by third parties. You should not include personal information such as your name, your email address, your address or your telephone number or any other sensitive data in User-Generated Content.
You acknowledge that Nintendo Network may be changed, in part or in whole, at any time and any User-Generated Content may be deleted from Nintendo Network at any time. Nintendo is not obligated to store any User-Generated Content.
User-Generated Content that you post, send or otherwise make available through Nintendo Network must comply with the Nintendo Network Code of Conduct.
1.5 Nintendo Network Code of Conduct
When using Nintendo Network, you must comply with the Nintendo Network Code of Conduct, which contains rules designed to keep Nintendo Network a friendly and safe environment.
The Nintendo Network Code of Conduct prohibits all illegal, harmful or otherwise inappropriate conduct, including, but not limited to the following:
1.6 Background Communication Features
In case your Nintendo Network ID is linked to a Nintendo Device and your Linked Nintendo Device is connected to the internet, your Linked Nintendo Device may perform automatic background communication with Nintendo servers and other Linked Nintendo Devices.
Background communication with Nintendo servers enables your Linked Nintendo Device to receive system updates, updates for software and applications installed on your Linked Nintendo Device, updates for content on Nintendo Network, new applications and important service messages from Nintendo. A system update of your linked Nintendo Device may be required to fully enjoy all features of Nintendo Network.
Background communication with other Linked Nintendo Devices may happen depending on the application you use. You will be informed about the background communication features in the respective application.
You can disable background communication features in the settings of your Linked Nintendo Device or in the settings of the respective application. You can also disable background communication features completely by disconnecting your Linked Nintendo Device from the internet.
1.7 Third-Party Content
Nintendo Network may offer access to Third-Party Content. Third-Party Content is offered and distributed at the sole responsibility of the third party. Nintendo assumes no liability in this respect. Third-Party Content may be subject to terms and conditions provided by respective third parties.
Parental control functionality offered by Nintendo may not work with Third-Party Content. In this case you may be given a prior notice and an option to block your child’s access to any such Third-Party Content.
1.8 Nintendo Intellectual Property
Nintendo owns all rights, titles and interest (including all intellectual property rights) in, and has the right to use and sublicense, the Nintendo Intellectual Property necessary to operate Nintendo Network. Nintendo grants to you a personal licence to use the Nintendo Intellectual Property as far as this is necessary to use Nintendo Network in compliance with the terms of this Agreement. You may not transfer, assign, sublicense or otherwise dispose of this licence to another person or entity and may not use the Nintendo Intellectual Property for any commercial purpose. Further to the licence set out in this Agreement, Nintendo does not provide you with any right, title or interest in the Nintendo Intellectual Property. Nintendo reserves all rights in the Nintendo Intellectual Property.
1.9 Nintendo's Liability to You
This provision does not exclude, restrict or modify any statutory provision which implies non-excludable conditions, warranties or consumer guarantees into this Agreement. To the full extent permitted by law, the liability of Nintendo under such non-excludable conditions, warranties and consumer guarantees is limited to supplying the Nintendo Network again or the payment of the cost of having the Nintendo Network supplied again (whichever Nintendo chooses).
Otherwise, we provide the Nintendo Network without express or implied warranty, undertaking, inducement or representation of any kind. This means that Nintendo does not warrant that the Nintendo Network will always work properly or that it will be free from viruses, hacks or other harmful intrusions.
Subject to this clause and to the full extent permitted by law and subject to any non-excludable statutory condition, warranty or consumer guarantee, Nintendo's liability to you and any other person:
Except in relation to non-excludable conditions, warranties or consumer guarantees, these limitations on Nintendo’s liability apply to all matters relating to the Nintendo Network including your use of the Nintendo Device and Nintendo Shopping Services. These limitations apply to any type of claim, including breach of contract, breach of warranty, strict liability, negligence or other tort.
You agree to indemnify and hold Nintendo, its affiliates and subsidiaries harmless from and against any loss, liability or claim (including reasonable legal fees) arising out of or in connection with your use of the Nintendo Network in an unlawful manner or otherwise in breach of the terms of this Agreement (including, without limitation, the Nintendo Network Code of Conduct). This indemnity shall include, without limitation, in particular, any loss, liability or claim arising out of or in connection with any User-Generated Content or Third-Party Content, including, without limitation, any photographs, videos or any other materials you upload.
1.11 Changes to the 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. Any such changes of the terms and conditions of this Agreement become valid if you accept the updated Agreement. If you do not accept the updated Agreement, 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 Network under the new terms and conditions.
1.12 Termination and Transfer of the Agreement
You may terminate this Agreement at any time by deleting your Nintendo Network ID.
Nintendo may terminate this Agreement, or any part of this Agreement, at any time, without notice if you breach the terms of this Agreement. In case of minor breaches Nintendo will provide you with a prior warning of your non-compliance and give you an opportunity to remedy this. However, if you commit a serious breach, Nintendo is not required to provide you with such prior warning. Serious breaches include, but are not limited to, a breach of the Nintendo Network Code of Conduct and other important provisions of this Agreement.
Nintendo may also terminate this Agreement, or any part of this Agreement, at any time, for legal, technical or commercial reasons. In this case, we will provide you with reasonable advance notice.
The termination of this Agreement for any reason will lead to the termination of any licences granted under the Agreement and will prevent your use of Nintendo Network, including, but without limitation, of Nintendo Shopping Services. The termination of a part of this Agreement may limit your use of selected applications and functionalities of Nintendo Network.
If this Agreement is terminated for any reason, Articles 1.8, 1.9, 1.10, 1.13 and 1.14 will remain in effect.
Nintendo may transfer in its sole discretion the entire contractual relation with you under this Agreement to its affiliated company Nintendo Co. Ltd., located at 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto, Japan. Nintendo will inform you of such transfer at least one month in advance.
1.13 Agreement Interpretation
If any part of this Agreement is found to be void, 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 full force and effect. You further agree that we may replace the invalid part by a provision which reflects or comes closest to the initial intention.
1.14 Governing Law
This Agreement and any claims under this Agreement shall be governed by the laws of Victoria, Australia, without reference to conflict of laws principles.
2 Shopping Services
2.1 Nintendo Shopping Services
Nintendo Network may offer access to Nintendo Shopping Services. You can use Nintendo Shopping Services to acquire Digital Products from Nintendo or third parties, to purchase Physical Products from Nintendo as well as to download and use Digital Products on your Linked Nintendo Device and/or via Nintendo Network.
2.1.1 Digital Products
184.108.40.206 Registering Digital Products
In order for you to download and use Digital Products, a licence for the respective Digital Product needs to be registered to your Nintendo Network ID.
The licence for Digital Products may be acquired in various ways, subject to availability in your country.
In case the licence for a Digital Product is offered free of charge in Nintendo Shopping Services, the licence will be registered to your Nintendo Network ID after you have submitted the respective order in Nintendo Shopping Services.
In case the licence for a Digital Product is offered for purchasing in Nintendo Shopping Services by Nintendo or third parties, the licence will be registered to your Nintendo Network ID after you have submitted the respective order in Nintendo Shopping Services and made the payment to Nintendo or a third party, as applicable.
The licence for a Digital Product may also be purchased or acquired outside of Nintendo Shopping Services from a third party. In this case, the third party will inform you about the applicable process to register the licence for a Digital Product to your Nintendo Network ID.
Except as otherwise provided, the licence for a Digital Product is tied to your Nintendo Network ID and allows you to use the Digital Product only on the Linked Nintendo Device, to which the Digital Product has been initially downloaded. Except as otherwise provided, all users, whose Nintendo Network ID is registered on such a Linked Nintendo Device, may use the respective Digital Product.
IMPORTANT: In case you acquire the licence for a Digital Product from any third party, Nintendo will solely provide the technical infrastructure to enable you to register the licence to your Nintendo Network ID. However, Nintendo is neither a seller nor a party to any contract that you may conclude with any such third party and Nintendo assumes no liability in this respect.
220.127.116.11 Licence for Digital Products
Any Digital Products registered to your Nintendo Network ID and any updates of such Digital Products are licensed only for personal and non-commercial use on a Linked Nintendo Device and/or via Nintendo Network. Digital Products must not be used for any other purpose. In particular, without Nintendo’s written consent, you must neither lease nor rent Digital Products nor sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Digital Products other than as expressly permitted by applicable law.
2.1.2 Physical Products
18.104.22.168 Ordering Process
If you choose to purchase a Physical Product from Nintendo in Nintendo Shopping Services, you will be provided an overview of your order and given an opportunity to amend it before entering into a binding purchase agreement with Nintendo.
22.214.171.124 Delivery and Customs
During the purchasing process you will be given an opportunity to input the delivery address for your order. You will be informed before the purchase about the countries in which the delivery of Physical Products is possible. You are responsible for any applicable customs' duties or taxes in the country of delivery.
126.96.36.199 Reservation of Title
Any Physical Products delivered to you will remain the property of Nintendo until payment is made in full.
In the event of a defect the statutory provisions shall apply. Physical Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of a Physical Product or for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Physical Products repaired or replaced if the Physical Products fail to be of acceptable quality and the failure does not amount to a major failure.
If the Physical Product is subject to an additional manufacturer’s warranty, details of such a manufacturer's warranty will be attached to the delivered Physical Product. Any claims based on a manufacturer's warranty are irrespective of any statutory rights you may have.
2.1.3 Payment Methods
In case you acquire the licence for a Digital Product from Nintendo or in case you purchase a Physical Product from Nintendo, Nintendo may offer various payment methods, subject to availability in your country.
Nintendo may allow you to use funds to make the payment for Digital and Physical Products that you have purchased from Nintendo in Nintendo Shopping Services. Funds may be uploaded to your Nintendo Network ID by using a credit card, by inserting a digital code printed on a Nintendo eShop Card available in retail, or by any other method communicated by Nintendo.
Funds are tied to your Nintendo Network ID and cannot be transferred to any other person or entity. Funds are non-refundable and cannot be exchanged for cash or credit. Funds can only be used to purchase Digital and/or Physical Products from Nintendo in Nintendo Shopping Services. Nintendo may, in its sole discretion, restrict the maximum amount of funds that may be uploaded to your Nintendo Network ID.
You are responsible for any use of funds via your Nintendo Network ID.
In case you acquire the licence for a Digital Product from any third party, the third party will inform you about the applicable payment method.
2.1.4 Shopping History
For any transactions in Nintendo Shopping Services (registration of a licence for Digital Products, payment for Digital Products, purchase of Physical Products, uploading funds, etc.) you will receive an electronic receipt confirming the transaction. This receipt will be sent to you via email or posted in your shopping history which you can access any time via your Nintendo Network ID.
2.2 Third-Party Shopping Services
Nintendo Network may offer access to Third-Party Shopping Services. Third-Party Shopping Services are offered by third parties at the sole responsibility of third parties. Nintendo neither becomes a party nor participates in any other way in any contract you may conclude with a third party through Third-Party Shopping Services. Products that you may acquire via Third-Party Shopping Services are not registered to your Nintendo Network ID. Nintendo assumes no liability in respect of Third-Party Shopping Services. Third-Party Shopping Services are subject to terms and conditions provided by the respective third parties.
Nintendo Australia Pty Limited , 804 Stud Road, Scoresby, Victoria, 3179, Australia ("Nintendo", "we" or "us") respects the privacy rights of its users and recognises the importance of protecting their personal data . Nintendo complies with the Privacy Amendment (Enhancing Privacy Protection) Act 2012 and the Australian Privacy Principles in relation to the collection, use, security of and access to personal information.
In particular, you agree that
is reasonably necessary for law enforcement related activity.
2 What Information We Collect
2.1 Information about Your Person
For the registration of your Nintendo Network ID you need to provide your email address, country of residence, date of birth and gender, and you may choose to provide the state in which you live.
If needed for specific services in Nintendo Network, such as the delivery of Physical Products, we may ask for your first and last name, your address and telephone number.
If you purchase Digital or Physical Products from Nintendo or upload funds to your Nintendo Network ID via Nintendo Shopping Services, you may need to provide credit card information (credit card number, expiration date and security code) to enable the transaction.
2.2 Information about the Device You Use
To link a Nintendo Device with your Nintendo Network ID and to enable the connection of the Linked Nintendo Device with Nintendo Network, we may collect technical information related to the Linked Nintendo Device, such as MAC address, IP address, serial number or other alphanumeric codes assigned to the Linked Nintendo Device. If you access Nintendo Network from another electronic device, such as a PC, we may collect technical information (such as MAC address and IP address) of this device.
We may also collect information about the settings of the device you use to access Nintendo Network to optimise your Nintendo Network experience, such as country settings, language settings, parental control settings and wireless access point information of the Linked Nintendo Device; we may also collect screen resolution and other display preferences of any other electronic device that you use.
2.3 Information Related to Your Use of Nintendo Shopping Services
If you use Nintendo Shopping Services, we may collect information about the registration of licences for Digital Products and purchases of Physical Products, payments for Digital and Physical Products, uploading funds and other transactions you make in Nintendo Shopping Services.
We may also collect information about the way you use Nintendo Shopping Services, such as which Digital and Physical Products you view or register on your wish list, which sections of Nintendo Shopping Service you visit, how you navigate in Nintendo Shopping Services as well as recommendations and game ratings made by you. You may opt-out of this feature at any time.
2.4 Information Related to Your Use of Nintendo Network
To enable you to enjoy content, products and services available in Nintendo Network, we process the data related to your activities, such as the user name and alphanumeric codes assigned to your Nintendo Network ID, name, appearance and profile of the Mii character that represents you in Nintendo Network; nicknames and IDs that you use in various applications, friends and favourites that you registered, Nintendo Network users you played with, User-Generated Content that you uploaded, posted or otherwise made available in Nintendo Network, your online presence information, and other data specific to games and applications that you use.
We may also collect your activity history data such as what games you played and what applications you used on your Linked Nintendo Device, at what times you played games or used applications, your current level, score and in-game location as well as information you submitted when participating in surveys. You may opt out of this feature at any time.
2.5 Linking Your Nintendo Network ID to Other Networks
In case the linking of the accounts requires the transmission of information about your person from Nintendo to a third party, you will be informed about it before the linking takes place and you will be given an opportunity to refuse the linking and the transmission.
Nintendo is not responsible for the use of your information by any third party.
3 How Information Is Used
3.1 Providing the Service
The information we collect is used to set up the connection of your device with Nintendo Network, to provide you content, products and services available in Nintendo Network, to enable your participation in activities supported by Nintendo Network and to process orders and requests that you make in Nintendo Network.
If you use Nintendo Shopping Services, we process the information about the transactions you make to the extent necessary to process your orders, to provide you the transaction history and to meet our financial and legal obligations. If you use a credit card in Nintendo Shopping Services, we will store the number of your credit card separately according to the rules issued by the credit card provider.
Further, we may process information relating to the use of Nintendo Network to prevent potentially illegal or offensive activities, to comply with our legal obligations or to enforce our rights or the rights of our users.
3.2 Communication and Interaction in Nintendo Network
If you use the parts of Nintendo Network that support the communication between users and the exchange of User-Generated Content, other users may be able to see some information about you, such as your Nintendo Network ID, name and appearance of a Mii character representing you in Nintendo Network, Mii profile information, country, name of your favourite application, or the most recent application that you played. Depending on the application you use in Nintendo Network, further data may be visible to other users, for example, whether you have played the game about which you make a comment in Nintendo Network. In case sensitive data about your person are involved, such as your age or online status, you will be given a choice whether to allow such sharing of information.
If you play interactive games or use interactive features of Nintendo Network, game play information may be shared between users to enable collective playing or interaction. Interactive games may support a "player history" feature so that users can see that they played with each other in the past.
In case you have set up a friend list or a black list for Nintendo Network users, this information may be processed by a game or application that you play to make sure that your choices are respected. In case you have chosen to link your Nintendo Network ID to a network account offered by a third party, the friend list registered with your Nintendo Network ID may be synchronised with a friend list registered with your network account offered by a third party. The same applies if you are listed on a friend list or a black list of other Nintendo Network users.
3.3 Product Optimisation and Market Research
We may use your information for demographical and statistical analysis so that we can improve and optimise our content, products and services.
We may also use your information for marketing and market research purposes, so that we can tailor our content, products and services to meet your needs and customise the recommendations, advertising and offers displayed to you in Nintendo Network.
You can opt out of this use of your information at any time.
4 Marketing and Advertising
Subject to your separate consent, Nintendo may send you marketing and advertising messages about products of Nintendo or third parties via a notification to your Nintendo Network ID or via email to your email address. In this case, we may also use your information to customise such marketing and advertising messages. You can withdraw your consent to receive marketing and advertising messages as described above at any time.
5 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.
6 Who has Access to Information
Nintendo may share the collected information with law enforcement agencies or bodies where it is reasonably necessary for law enforcement related activity.
7 Review, Correction and Deletion of Information
You can review or change the information you provided in the settings of your Nintendo Network ID, or by sending an email to email@example.com.
You can delete your information at any time by deleting your Nintendo Network ID in the account settings, or by sending an email to Nintendo. Your data will be deleted, unless we are required or permitted to retain it by law. The deletion of your Nintendo Network ID will lead to a termination of the Nintendo Network Agreement and prevent you from using Nintendo Network.
8 Contact Us