Nintendo Account User Agreement (US)

Nintendo · agreement dated 05/2025 · Official agreement

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76 of 76 cards

Legal Rights & Agreement Rules · Context

The Agreement is between you, Nintendo Co., Ltd. and Nintendo of America Inc. and covers Nintendo Account Services

The Nintendo Account User Agreement is by and among you, Nintendo Co., Ltd. (NCL) and Nintendo of America Inc. (NOA), together called Nintendo, and governs your use of the Nintendo Account Services through your Nintendo Account. The opening notice calls it an important agreement that applies to your use of those services. If you do not agree to its terms, the Agreement says not to use the Nintendo Account Services.

Supporting quotations

THIS IS AN IMPORTANT AGREEMENT THAT APPLIES TO YOUR USE OF THE NINTENDO ACCOUNT SERVICES!
is by and among you, Nintendo Co., Ltd.
and Nintendo of America Inc.
and governs your use of the Nintendo Account Services through your Nintendo Account
If you do not agree to the terms of this Agreement, please do not use the Nintendo Account Services.

Qualifications & exceptions

  • Applies to use of the Nintendo Account Services through your Nintendo Account.

Legal Rights & Agreement Rules · Context

The Agreement states an effective date of 05/2025

The Agreement states "Effective Date: 05/2025". A link labelled "What's changed?" points to a separate page that is not supplied here, so what changed in this version is not explained.

Supporting quotations

Effective Date: 05/2025

Qualifications & exceptions

  • Only a month and year are given.

Not stated here

  • The "What's changed?" page is linked but not supplied here, so the changes in this version are not explained.

Legal Rights & Agreement Rules · Context

Defines the Nintendo Account and the Nintendo Account Services broadly

A Nintendo Account is the account created by a person that is used in connection with the Nintendo Account Services. The Nintendo Account Services are the services, applications, software, content and data Nintendo makes available to you through your Nintendo Account, including for example the Nintendo Switch Parental Controls application, video games and add-on content, as well as any other Nintendo products, services, applications, software, content or data that requires a Nintendo Account or to which you link your Nintendo Account.

Supporting quotations

means the account created by a person that is used in connection with the Nintendo Account Services
means the services, applications, software, content, and data we make available to you through your Nintendo Account, including, for example, the Nintendo Switch Parental Controls application, video games, and add-on content
as well as any other Nintendo products, services, applications, software, content, or data that requires the use of a Nintendo Account or to which you link your Nintendo Account

Qualifications & exceptions

  • The Nintendo Account Services list is introduced by "including, for example", so it is not closed.
  • Anything you link your Nintendo Account to can fall within the services.

Account & Service Control · Restriction or exception

Using the services means you are 18 or older and bound; younger users need a parent or guardian to accept

By using the Nintendo Account Services you represent that you are 18 or older (or the age of majority where you live) and agree to be bound by the Agreement. If you are under 18 or the age of majority, the Agreement says to stop: your parent or legal guardian must read and accept it on your behalf. By your using the services, your parent or guardian agrees to the Agreement and is responsible for your use and any issues or claims related to the services.

Supporting quotations

By using the Nintendo Account Services, you represent that you are 18 years of age or older (or the age of majority where you live) and agree to be bound by this Agreement.
If you are under the age of 18 (or the age of majority where you live), STOP! You must get your parent or legal guardian to read and accept this Agreement on your behalf.
By using the Nintendo Account Services, your parent or legal guardian agrees to this Nintendo Account User Agreement and they are responsible for your use and any issues or claims related to the Nintendo Account Services.

Qualifications & exceptions

  • The age is 18 or the age of majority where you live.

Account & Service Control · Restriction or exception

You are legally and financially responsible for all use under your Account, including other users and supervised users

By entering into the Agreement you acknowledge that you are legally and financially responsible for any use of the Nintendo Account Services under your Nintendo Account, including use by other users under your Account, whether or not you explicitly authorized it, and that you must ensure all other users under your Account follow the Agreement and other applicable terms. If you create or link supervised users to your Account you are responsible for all their uses of the services, whether or not you explicitly authorized them. Elsewhere the Agreement repeats that you are responsible for all activity and purchases on or through your Account and associated accounts, including supervised users.

Supporting quotations

you acknowledge and agree that you are legally and financially responsible for any use of the Nintendo Account Services under your Nintendo Account, including any use of the Nintendo Account Services by other users under your Nintendo Account, whether or not such use was explicitly authorized by you
and are responsible for ensuring that all other users of the Nintendo Account Services under your Nintendo Account comply with the terms of this Agreement and any other applicable terms
if you use the functionality of the Nintendo Account Services to create or link any supervised users to your Nintendo Account then you will be responsible for all uses of the Nintendo Account Services by such supervised user, whether or not such uses were explicitly authorized by you
You are responsible for all activity and purchases on or through your Nintendo Account and any accounts associated with your Nintendo Account, including supervised users under your Nintendo Account.

Qualifications & exceptions

  • Responsibility applies whether or not you authorized the use.
  • Applies to other users under your Account and to supervised users you create or link.

Legal Rights & Agreement Rules · Restriction or exception

Most disputes go to individual arbitration (Section 16); you can opt out within 30 days of first agreeing

The front of the Agreement flags a binding arbitration provision and class action waiver in Section 16 that, to the fullest extent permitted by law, requires you and Nintendo to resolve most Claims on an individual basis and not as a class arbitration, class action, other representative proceeding or jury trial. Section 16 applies to all Claims between you and Nintendo, except Claims in which a party is trying to protect its intellectual property rights or that are properly asserted in small-claims court, provided that court does not permit class or similar representative actions. You may opt out of the arbitration requirement by sending written notice within 30 days of the date you first agreed to be bound by the Agreement, following the procedure in Section 16(j). The other Section 16 terms are explained in the Section 16 cards.

Supporting quotations

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 16
TO THE FULLEST EXTENT PERMITTED BY LAW, REQUIRES BOTH YOU AND NINTENDO TO RESOLVE MOST
YOU MAY OPT OUT OF THE BINDING ARBITRATION BY FOLLOWING THE PROCEDURE IN SECTION 16(J).
Except for Claims (i) in which a party is attempting to protect its intellectual property rights
(ii) that are properly asserted in small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief)
within 30 days of the date on which you have first agreed to be bound by this Agreement pursuant to its terms
This Section 16 applies to all Claims between you and Nintendo.

Qualifications & exceptions

  • Applies to the fullest extent permitted by law.
  • Intellectual property protection claims and qualifying small-claims matters are excluded.
  • The opt-out window is 30 days from first agreeing to be bound.

Account & Service Control · Context

Nintendo encourages parents and guardians to use parental controls

Nintendo says it is thoughtful about the features and services it offers, including to children, that parents and legal guardians play the most important role in helping children use technology safely, and that it encourages use of parental controls to help parents and guardians manage use of the Nintendo Account Services.

Supporting quotations

We encourage use of parental controls to help parents and legal guardians manage use of the Nintendo Account Services.

Qualifications & exceptions

  • Encouragement only; the paragraph states no required step.

Not stated here

  • The text does not describe what the parental controls do; see the Nintendo Account services themselves, which are not supplied here.

Content & IP Rights · Permission or license

You get a revocable, personal, non-commercial license to the services, licensed not sold

Subject to the Agreement, Nintendo grants you a non-exclusive, non-transferable, revocable license to use the Nintendo Account Services solely for your personal and non-commercial use. The services are licensed, not sold, to you, and you may not use them except as the Agreement expressly authorizes.

Supporting quotations

Nintendo grants you a non-exclusive, non-transferable, revocable license to use the Nintendo Account Services solely for your personal and non-commercial use.
the Nintendo Account Services are licensed, not sold, to you
you may not make use of the Nintendo Account Services except as expressly authorized by this Agreement

Qualifications & exceptions

  • The license is revocable and limited to personal, non-commercial use.

Content & IP Rights · Restriction or exception

You may not copy, reverse engineer, circumvent protections or misuse the services, or Nintendo may disable them

Without limitation, you agree not to publish, copy, modify, reverse engineer, lease, rent, decompile, disassemble, distribute, offer for sale or create derivative works of any portion of the Nintendo Account Services; bypass, modify, decrypt, defeat, tamper with or otherwise circumvent their functions or protections, including with hardware or software that makes them operate other than as documented and intended; obtain, install or use unauthorized copies; or exploit them other than as documented and intended. These restrictions apply without Nintendo's written consent or express authorization, or unless applicable law expressly permits otherwise. If you do not comply, Nintendo may render the services and/or the applicable Nintendo device permanently unusable in whole or in part.

Supporting quotations

(a) publish, copy, modify, reverse engineer, lease, rent, decompile, disassemble, distribute, offer for sale, or create derivative works of any portion of the Nintendo Account Services
(b) bypass, modify, decrypt, defeat, tamper with, or otherwise circumvent any of the functions or protections of the Nintendo Account Services, including through the use of any hardware or software that would cause the Nintendo Account Services to operate other than in accordance with its documentation and intended use
(c) obtain, install or use any unauthorized copies of Nintendo Account Services
(d) exploit the Nintendo Account Services in any manner other than to use them in accordance with the applicable documentation and intended use
written consent or express authorization, or unless otherwise expressly permitted by applicable law
Nintendo may render the Nintendo Account Services and/or the applicable Nintendo device permanently unusable in whole or in part

Qualifications & exceptions

  • The restrictions yield to Nintendo's written consent or express authorization, or to what applicable law expressly permits.
  • Nintendo may disable the services or the device permanently, in whole or in part.

Account & Service Control · Restriction or exception

You need a Nintendo Account to use the services, and each person may have only one

You must have a Nintendo Account to use the Nintendo Account Services. Unless Nintendo permits otherwise, each person may have only one Nintendo Account.

Supporting quotations

You must have a Nintendo Account to use the Nintendo Account Services.
Unless we permit otherwise, each person may only have one Nintendo Account.

Qualifications & exceptions

  • Nintendo can permit more than one account per person.

Account & Service Control · Restriction or exception

Keep your account information accurate; Nintendo can deny, ban or cancel your account for any reason

When you create your Nintendo Account you must give accurate information, and you must promptly update it if it changes. Nintendo reserves the right to deny, ban or cancel your Nintendo Account, and any accounts associated with it, for any reason.

Supporting quotations

you must provide us with accurate information. You must promptly update your Nintendo Account information if it changes.
We reserve the right to deny, ban, or cancel your Nintendo Account and any accounts associated with your Nintendo Account for any reason.

Qualifications & exceptions

  • Nintendo needs no reason to deny, ban or cancel an account, and the right reaches associated accounts.

Account & Service Control · Restriction or exception

Changing your account's country means agreeing to that country's Agreement and may affect your services

If you change the country of your Nintendo Account, you must agree to the Nintendo Account User Agreement that applies to the new country. Certain Nintendo Account Services and Nintendo Account rights may be affected if you change your country registration.

Supporting quotations

If you change the country of your Nintendo Account, you must agree to the Nintendo Account User Agreement applicable to the new country.
Certain Nintendo Account Services and Nintendo Account rights may be impacted if you change your country registration.

Qualifications & exceptions

  • Which services and rights are affected is not stated.

Not stated here

  • The text does not say which services or rights are affected by a country change.

Account & Service Control · Restriction or exception

Your account is personal: no selling or sharing it, unlink devices you sell, and report unauthorized use

Your Nintendo Account is personal to you. You may not sell, rent, lease, lend or transfer it, or access or use an account that belongs to another person. If you sell or transfer your Nintendo device or smart device, you must unlink your Nintendo Account from the device and any on-device Nintendo Account Services. Nintendo asks you to keep your account information and password confidential and to notify it of any unauthorized use of your account or associated accounts. You are responsible for all activity and purchases on or through your account and associated accounts, including supervised users.

Supporting quotations

Your Nintendo Account is personal to you, and you are prohibited from (i) selling, renting, leasing, lending, or transferring your Nintendo Account or (ii) accessing or using a Nintendo Account belonging to another person.
If you sell or transfer your Nintendo device or smart device, you must unlink your Nintendo Account from the device and any on-device Nintendo Account Services.
To protect your Nintendo Account, please keep your Nintendo Account information and password confidential.
Please notify Nintendo if you learn of any unauthorized use of your Nintendo Account or associated accounts.

Qualifications & exceptions

  • Unlinking is required when you sell or transfer a Nintendo device or smart device.
  • Keeping credentials confidential and reporting unauthorized use are stated as requests ("please").

Legal Rights & Agreement Rules · Context

Services vary by device and country, and extra terms may apply, but this Agreement controls on conflict

The Nintendo Account Services may be accessed through Nintendo products or devices or certain third-party products or devices, and some can be accessed only on a Nintendo product or device. Because Nintendo offers a variety of services, additional terms and conditions may apply to certain services. If those additional terms conflict with this Agreement, this Agreement controls. The services may vary by country or region, and not all are available to all Nintendo Account holders.

Supporting quotations

The Nintendo Account Services may be accessed through products or devices manufactured by Nintendo or certain third party products or devices.
Some Nintendo Account Services may only be accessed on a Nintendo product or device.
so additional terms and conditions may apply to your use of certain Nintendo Account Services
In the event of any conflict between the terms and conditions of this Agreement and any additional terms and conditions which apply to your use of a Nintendo Account Service, the terms and conditions set forth in this Agreement will control.
The Nintendo Account Services may vary by country or region and not all Nintendo Account Services are available to all Nintendo Account holders.

Qualifications & exceptions

  • This Agreement controls over conflicting additional terms for a specific service.
  • Availability varies by country or region and by account holder.

Not stated here

  • The additional terms for particular services are not supplied here.

Legal Rights & Agreement Rules · Restriction or exception

Nintendo does not control or take responsibility for third-party services, which you use at your own risk

The services may contain or refer to products, services, applications, software, content or data provided or maintained by third parties, and links to websites with such Third Party Services. Nintendo says it does not own, control, endorse, review or monitor them, makes no representations or warranties about them and is not responsible for them. If you use them, you do so at your own risk, and your use may be subject to additional terms from the third party that operates them.

Supporting quotations

provided and/or maintained by third parties and not by Nintendo
Nintendo does not own, control, endorse, review or monitor the Third Party Services, makes no representation or warranties of any kind regarding the Third Party Services, and is not responsible for any Third Party Services.
If you access or use any Third Party Services, you do so at your own risk.
Your use of any Third Party Services may be subject to additional terms imposed by the third party that operates such Third Party Services.

Qualifications & exceptions

  • Third parties may impose additional terms.

Not stated here

  • The third parties' terms are not supplied here.

Content & IP Rights · Context

Some services contain open-source software under separate licenses listed at a linked page

The Nintendo Account Services may contain software licensed under open-source licenses. Information about any open-source software distributed to you, including its licenses, is said to be at a linked web page that is not supplied here.

Supporting quotations

The Nintendo Account Services may contain software licensed under the terms of open-source licenses.
Information regarding any such open-source software that is distributed to you, including the licenses under which such open-source software is distributed, can be found at

Not stated here

  • The open-source licenses and software list are on a linked page that is not supplied here.

Use & Processing · Restriction or exception

By using the services you also agree to Google's terms because of reCAPTCHA Enterprise

Nintendo says it has implemented reCAPTCHA Enterprise in connection with certain Nintendo Account Services, and that by using the services you also agree to be bound by Google's Privacy Policy and Terms of Use. Those Google documents are linked but not supplied here.

Supporting quotations

Nintendo has implemented reCAPTCHA Enterprise in connection with certain Nintendo Account Services, and by using the Nintendo Account Services you are also agreeing to be bound by the Google

Qualifications & exceptions

  • Applies to certain Nintendo Account Services where reCAPTCHA Enterprise is used.

Not stated here

  • Google's Privacy Policy and Terms of Use are linked but not supplied here, so what data reCAPTCHA Enterprise collects is not explained.

Linking & Identification · Restriction or exception

Linked devices come under this Agreement; other users of a device may change your data, and unlinking can cost benefits

Nintendo may let you link and unlink your Nintendo Account to and from certain services, Nintendo devices or products, and smart device applications. Once you link to a Nintendo device or product, all activity on it is subject to the Agreement. You acknowledge that other users of a linked device, product or application may be able to modify, access, transfer or delete the services or data on it, and Nintendo is not responsible or liable to you for that. If you unlink your account from a service, device, product or application, you may not be able to enjoy your account's rights and benefits through it, and Nintendo is not responsible or liable for losses from the disconnection.

Supporting quotations

We may allow you to link and unlink your Nintendo Account to and from certain Nintendo Account Services, Nintendo devices or products, and smart device applications.
Once you link your Nintendo Account to a Nintendo device or product, all activity on that device or product will be subject to this Agreement.
other users of a Nintendo device, product or application to which your Nintendo Account is linked may have the ability to modify, access, transfer, or delete the Nintendo Account Services or data on the device, product, or application, and Nintendo is not responsible or liable to you for any such modification, access, transfer, or deletion
you may not be able to enjoy the rights and benefits of your Nintendo Account via that Nintendo Account Service, device, or application
Nintendo is not responsible or liable to you for any losses resulting from any such disconnection.

Qualifications & exceptions

  • Linking and unlinking are available for certain services, devices and applications that Nintendo allows.

Charges & Financial Obligations · Restriction or exception

You must follow applicable laws, including import and export rules, and pay your own device and data costs

You agree to comply with all applicable laws and regulations in connection with your use of the services, including import and export laws and regulations. You are responsible for all costs of using the device on which you access the services, for example mobile data and service plans.

Supporting quotations

You agree to comply with all applicable laws and regulations in connection with your use of the Nintendo Account Services, including without limitation compliance with all import/export laws and regulations.
You are responsible for all costs incurred in connection with your use of the device on which you access the Nintendo Account Services, including for example, all mobile data and service plans.

Qualifications & exceptions

  • Import and export laws are named as an example ("without limitation").

Account & Service Control · Permission or license

Nintendo can suspend, change or end services at any time without liability or notice

From time to time Nintendo may suspend, modify, discontinue or terminate all or some of the Nintendo Account Services without liability or notice to you. After that you may no longer be able to access those services or any content or data you saved or accessed through them.

Supporting quotations

we may suspend, modify, discontinue, or terminate all or some of the Nintendo Account Services without liability or notice to you
it may no longer be possible for you to access such Nintendo Account Service(s) or any content or data which you may save or access through such Nintendo Account Service(s)

Qualifications & exceptions

  • No notice or liability is promised.

Charges & Financial Obligations · Restriction or exception

Outages can happen, and you pay for your own internet connection

Nintendo says it strives to keep the services running, but all online services suffer occasional disruptions and outages, during which you may not be able to access them. Certain components require an internet connection, and their performance may depend on its quality and stability. You are solely responsible for third-party fees tied to your internet connection, including internet service provider or airtime charges, and the provision, quality and security of connectivity are the sole responsibility of your internet provider.

Supporting quotations

We strive to keep the Nintendo Account Services up and running
all online services suffer occasional disruptions and outages. In the event of an outage you may not be able to access the Nintendo Account Services.
certain components of the Nintendo Account Services require an internet connection, and the performance of these components may depend upon the quality and stability of your internet connection
You are solely responsible for payment of any third-party fees associated with your internet connection, including internet service provider or airtime charges.
The provision, quality and security of internet connectivity are the sole responsibility of the third party providing your internet service.

Qualifications & exceptions

  • Performance of some components depends on your internet connection.

Charges & Financial Obligations · Restriction or exception

Nintendo gives no availability guarantee and no refund or credit for content lost to a service interruption

To the extent permitted by law and without limiting Section 15, Nintendo gives no guarantee or warranty about the availability or performance of the services or any content or data you save, store or access through them, and specifically disclaims any guarantee that they or your content will not be subject to disruption, damage, corruption, loss, removal or discontinuation (a Service Interruption). Nintendo says it is not responsible if a Service Interruption occurs, and you agree that in no event will you be entitled to a refund, credit or other compensation for any content or part of the services you cannot use, or have difficulty using, in whole or in part, because of a Service Interruption.

Supporting quotations

TO THE EXTENT PERMITTED BY LAW AND WITHOUT LIMITING SECTION 15, NINTENDO DOES NOT MAKE ANY GUARANTEE OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR PERFORMANCE OF THE NINTENDO ACCOUNT SERVICES OR ANY CONTENT OR DATA YOU MAY SAVE, STORE OR ACCESS THROUGH THE NINTENDO ACCOUNT SERVICES
WILL NOT BE SUBJECT TO DISRUPTION, DAMAGE, CORRUPTION, LOSS, REMOVAL, OR DISCONTINUATION
NINTENDO SHALL NOT BE RESPONSIBLE SHOULD ANY SUCH SERVICE INTERRUPTION OCCUR
YOU AGREE THAT IN NO EVENT WILL YOU BE ENTITLED TO OR RECEIVE A REFUND, CREDIT OR ANY OTHER COMPENSATION FOR ANY CONTENT OR PORTION OF THE NINTENDO ACCOUNT SERVICES THAT YOU ARE NOT ABLE TO USE OR HAVE DIFFICULTY USING, IN WHOLE OR IN PART, DUE TO ANY SERVICE INTERRUPTION

Qualifications & exceptions

  • The disclaimer applies to the extent permitted by law and to the fullest extent permitted by applicable law.
  • The no-refund statement applies to content or services you cannot use because of a Service Interruption.

Use & Processing · Permission or license

Nintendo can change features through updates, some automatic and without notice, and you consent to them

Nintendo says the services are constantly evolving and it may update or change their features and functionality from time to time (Updates). You may not be able to continue using some services after an Update, and some Updates may be provided automatically without notice to you. By accepting the Agreement you consent to Nintendo providing and installing automatic Updates, and you agree any Update is covered by the Agreement.

Supporting quotations

The Nintendo Account Services are constantly evolving, and we may update or change features and functionality of the Nintendo Account Services from time to time
You may not be able to continue using some of the Nintendo Account Services after the Updates.
Some of these Updates may be provided automatically without notice to you.
By accepting this Agreement, you consent to Nintendo providing you with, and installing, automatic Updates to the Nintendo Account Services.
You agree that any Update is covered by this Agreement.

Qualifications & exceptions

  • Some Updates are automatic and without notice.
  • Some services may stop working for you after an Update.

Content & IP Rights · Restriction or exception

User-Generated Content is what you create and share; it must follow Nintendo's guidelines and avoid personal information

The services may let you create and share User-Generated Content: text, images, audio, video, experiences or other content you create within the services and can share with the public or other users. By accepting the Agreement you also agree to adhere to the Nintendo Game Content Guidelines for Online Video and Image Sharing Platforms. User-Generated Content must comply with the Nintendo of America Community Guidelines (Section 11), under which you agree to adhere to those guidelines and the Community Tournament Guidelines. Nintendo says you should not include personal information such as your name, email address, address or telephone number in User-Generated Content.

Supporting quotations

The Nintendo Account Services may allow you to create and share User-Generated Content.
means text, images, audio, video, experiences, or other content that you create within the Nintendo Account Services and are able to share with the public or other users of the Nintendo Account Services
By accepting this Agreement you also agree to adhere to the Nintendo Game Content Guidelines for Online Video & Image Sharing Platforms found
User-Generated Content that you make available through the Nintendo Account Services must comply with the Nintendo of America Community Guidelines (see Section 11).
You should not include personal information such as your name, your email address, your address or your telephone number or any other personal information in User-Generated Content.
you agree that you will adhere to the Nintendo of America Community Guidelines found

Qualifications & exceptions

  • The advice not to include personal information is stated as "should not".

Not stated here

  • The Nintendo Game Content Guidelines, Community Guidelines and Community Tournament Guidelines are linked but not supplied here.

Content & IP Rights · Restriction or exception

You own your User-Generated Content, but Nintendo keeps its own intellectual property inside it

You own your User-Generated Content, but Nintendo retains ownership of any Nintendo Intellectual Property contained in it. Nintendo Intellectual Property is defined broadly in Section 12 (trademarks, logos, designs, copyrights, patents, trade secrets, know-how and other proprietary rights), and Nintendo retains all right, title and interest in the services and that intellectual property other than your right to use the services. Because you own and control your User-Generated Content, you are responsible for it. The license you also grant Nintendo to that content is explained in the User-Generated Content license card.

Supporting quotations

You own your User-Generated Content.
However, Nintendo retains ownership of any Nintendo Intellectual Property (as defined in Section 12) that is contained in your User-Generated Content.
Since you own and control your User-Generated Content, you are responsible for it.
we retain and reserve all right, title, and interest in and to the Nintendo Account Services, including without limitation, to all Nintendo Intellectual Property

Qualifications & exceptions

  • Ownership stays with you, but Nintendo's own intellectual property inside your content stays Nintendo's.
  • You also grant Nintendo a broad license to your content (see the license card).

Content & IP Rights · Restriction or exception

Nintendo is not responsible or liable for User-Generated Content, including offensive content you may meet

Nintendo says it is not responsible or liable for any User-Generated Content, for any loss or damages associated with it, or for any incorrect, defamatory, libelous, false, obscene or offensive content you may encounter in connection with it. User-Generated Content is the sole responsibility of the user who made it available.

Supporting quotations

Nintendo is not responsible or liable for any User-Generated Content.
We are not responsible for any loss or damages associated with any User-Generated Content, nor are we liable for any incorrect, defamatory, libelous, false, obscene, or offensive content you may encounter in connection with User-Generated Content.
User-Generated Content is the sole responsibility of the user that made it available in connection with the Nintendo Account Services.

Qualifications & exceptions

  • Applies to content you encounter as well as content you post.

Content & IP Rights · Permission or license

You give Nintendo a worldwide, perpetual, royalty-free license to your content, surviving termination

By accepting the Agreement you give Nintendo permission to use and change your User-Generated Content in any way and for any purpose for free. More specifically, you grant Nintendo and its affiliates and subsidiaries a worldwide, royalty-free, irrevocable, perpetual, non-exclusive and sublicenseable license, including after termination of the Agreement, to use, reproduce, modify, adapt, publish, translate, distribute, perform and display all or any portion of your User-Generated Content, and to incorporate it in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, without any payment to you.

Supporting quotations

By accepting this Agreement, you give Nintendo permission to use and change your User Generated Content in any way and for any purpose for free.
you grant Nintendo and its affiliates and subsidiaries a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sublicenseable license to, including after termination of this Agreement, use, reproduce, modify, adapt, publish, translate, distribute, perform, and display all or any portion of your User Generated Content, and to incorporate your User-Generated Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, without any payment to you.

Qualifications & exceptions

  • The license is irrevocable and perpetual and continues after the Agreement ends.
  • It extends to Nintendo's affiliates and subsidiaries and can be sublicensed.

Retention & Deletion · Permission or license

Others may view and reuse your content, and Nintendo can delete it at any time without notice

Your User-Generated Content may be viewed, reproduced, published and/or modified by Nintendo and third parties. Nintendo may delete any User-Generated Content from the services and/or its servers at any time, for any reason, in its sole discretion, without notice or liability to you. Nintendo reserves the right not to post or publish User-Generated Content and is not obligated to store any.

Supporting quotations

Your User-Generated Content may be viewed, reproduced, published and/or modified by Nintendo and third parties.
Nintendo may delete any User-Generated Content from the Nintendo Account Services and/or Nintendo servers at any time, for any reason, in its sole discretion without notice or liability to you.
Nintendo reserves the right to not post or publish User-Generated Content and is not obligated to store any User-Generated Content.

Qualifications & exceptions

  • Deletion is at Nintendo's sole discretion, with no notice or liability.
  • Nintendo has no duty to store your content.

Content & IP Rights · Permission or license

You say you may post your content; Nintendo has no duty to protect your rights but may enforce them

By making User-Generated Content available you represent that you are entitled to do so and agree that Nintendo is not obligated to monitor or protect your rights in it. However, you give Nintendo the option and right to enforce your rights in that content, including, for example, the right to take legal action at Nintendo's cost on your behalf.

Supporting quotations

you represent that you are entitled to do so and agree that Nintendo is not obligated to monitor or protect your rights in any User-Generated Content
you give Nintendo the option and right to enforce your rights in such User-Generated Content, including, for example, the right to take legal action (at our cost) on your behalf

Qualifications & exceptions

  • Nintendo's enforcement is an option, not an obligation.
  • Legal action under this right is at Nintendo's cost.

Content & IP Rights · Restriction or exception

You may share your content only as the services allow, and not for commercial gain

The services may include tools to share your User-Generated Content directly to third-party platforms (Authorized Platforms). You agree to use and share User-Generated Content only through the functionality Nintendo provides, any functionality inherent in an Authorized Platform, or as Nintendo otherwise authorizes, and not to use or share it, or let any third party use or share it, for any other purpose. Except as Nintendo authorizes, you also agree not to create or use User-Generated Content for any commercial purpose, including to receive payment or other consideration in exchange for access to it, whether through an Authorized Platform or otherwise.

Supporting quotations

The Nintendo Account Services may include tools that allow you to share your User-Generated Content directly to third party platforms and services
You agree to only use and share User-Generated Content pursuant to the functionality provided by Nintendo as part of the Nintendo Account Services or any functionality inherent in any Authorized Platform, or as otherwise authorized by Nintendo
you will not (and will not permit any third party to) create or use any User-Generated Content for any commercial purpose, including to receive payment or other consideration in exchange for access to such User-Generated Content

Qualifications & exceptions

  • The commercial-purpose ban has an exception where Nintendo authorizes.

Charges & Financial Obligations · Context

Shopping Services let you keep an account balance and buy products, and vary by country

As part of the services, Nintendo makes certain shopping services available (the Shopping Services). They can be accessed through your Nintendo Account to establish and maintain an account balance and to view, download or purchase certain products, software, content and services (Products). The Shopping Services may vary by country and may not be available in all countries.

Supporting quotations

As part of the Nintendo Account Services, we make certain shopping services available to you
(a) establish and maintain an account balance and (b) view, download, or purchase certain products, software, content, and services
The Shopping Services may vary by country, and may not be available in all countries.

Qualifications & exceptions

  • Availability varies by country.

Charges & Financial Obligations · Restriction or exception

You are responsible for all purchases on your account, including unauthorized or erroneous ones, subject to law

In using the Shopping Services you are responsible for all activity and purchases on or through your Nintendo Account and associated accounts, including supervised users. This includes unauthorized, fraudulent or erroneous transactions through your account, subject to any payment processing rules or applicable law. Nintendo asks you to notify it if you learn of any unauthorized purchases.

Supporting quotations

you are responsible for all activity and purchases on or through your Nintendo Account and any accounts associated with your Nintendo Account, including supervised users under your Nintendo Account
This includes unauthorized, fraudulent, or erroneous transactions through your Nintendo Account, subject to any payment processing rules or applicable law.
Please notify Nintendo if you learn of any unauthorized purchases through your Nintendo Account.

Qualifications & exceptions

  • Responsibility for unauthorized, fraudulent or erroneous transactions is subject to payment processing rules and applicable law.

Not stated here

  • The text does not say how payment processing rules or law change your liability for unauthorized transactions.

Charges & Financial Obligations · Restriction or exception

Refunds are given where the law requires, with separate refund and purchase terms elsewhere

Payments for Products may be refundable as required by applicable law, and some Products may be returned or exchanged. For details Nintendo refers you to its refund and return policy, and to separate Purchase Terms for additional terms that apply to the Shopping Services and Product purchases. Neither is supplied here.

Supporting quotations

Payments for Products may be refundable as required by applicable law, and some Products may be returned or exchanged.
For details on our refund policies, please refer
for additional terms applicable to the Shopping Services and Product purchases

Qualifications & exceptions

  • Refundability is tied to what applicable law requires.

Not stated here

  • The refund and return policy and the Purchase Terms are linked but not supplied here, so when refunds, returns or exchanges apply is not explained.

Charges & Financial Obligations · Company practice

Rewards and subscriptions have separate terms that Nintendo can change without notice

Nintendo offers a rewards program and online subscription services, and points you to separate pages for their applicable terms. It reserves the right to modify those terms at any time without notice to you. Those pages are not supplied here.

Supporting quotations

Nintendo offers a rewards program and online subscription services.
We reserve the right to modify such terms at any time without notice to you.

Qualifications & exceptions

  • The linked terms can be modified at any time without notice.

Not stated here

  • The rewards program and subscription terms are linked but not supplied here.

Content & IP Rights · Restriction or exception

Digital Items are only licensed to you: no ownership, no resale, no cash value

Nintendo or third parties may make digital content or items available (Digital Items). If you buy or acquire any, you obtain a limited license, as set out in Section 2, to use them in connection with the services, and you have no other right or title in them. Digital Items cannot be sold or transferred to a third party, unless a transfer is permitted within the services, and cannot be exchanged for or converted to cash or legal tender or for goods or services outside the services.

Supporting quotations

Nintendo or third parties may make certain digital content or items available to you
you obtain a limited license (as set forth in Section 2) to use such Digital Items in connection with the Nintendo Account Services
Other than this limited license, you have no right or title in or to Digital Items.
Nintendo grants you a non-exclusive, non-transferable, revocable license to use the Nintendo Account Services solely for your personal and non-commercial use.
Digital Items cannot be sold or transferred to a third party (unless a transfer is permitted within the Nintendo Account Services) and cannot be exchanged for or converted to cash or legal tender or for any goods or services outside of the Nintendo Account Services.

Qualifications & exceptions

  • Transfers are possible only where the services permit them.

Use & Processing · Permission or license

Nintendo may access, monitor, delete, disclose and preserve your information for listed purposes in its discretion

Nintendo, including its subsidiaries and affiliates, may access, use, monitor, delete, disclose and/or preserve information associated with your use of the services, including User-Generated Content and your interactions with other users, as is necessary in Nintendo's discretion to comply with laws, rules, regulations or orders; enforce the Agreement or protect the rights of Nintendo, its users or the public; enforce the Community Guidelines; help prevent a loss of life or serious physical injury; prevent potentially illegal or offensive activities; and provide and/or improve features of the services.

Supporting quotations

may access, use, monitor, delete, disclose and/or preserve information associated with your use of the Nintendo Account Services (including, without limitation, User-Generated Content and your interactions with other users)
(a) comply with applicable laws, rules, regulations, or orders; (b) enforce this Agreement or protect the rights of Nintendo, its users, or the public; (c) enforce the Nintendo of America Community Guidelines (see Section 11); (d) help prevent a loss of life or serious physical injury to anyone; (e) prevent potentially illegal or offensive activities; and (f) provide and/or improve features of the Nintendo Account Services

Qualifications & exceptions

  • Necessity is judged in Nintendo's discretion.
  • The purposes include improving features of the services.

Not stated here

  • The text does not say how long information is preserved or to whom it may be disclosed beyond the listed purposes; see the Privacy Policy, which is not supplied here.

Data Access & Collection · Company practice

Nintendo may use and share your information as its separate Privacy Policy describes

Nintendo may use and share information you give it and information it collects when you use its products and services, including the Nintendo Account Services, as described in its Privacy Policy. This may include personally identifiable information as well as anonymous or aggregate information about your use of the services. Nintendo recommends reviewing the Privacy Policy before each use of a Nintendo product or service. The Privacy Policy is not supplied here.

Supporting quotations

We may use and share information that you give to us and information that we collect when you use our products and/or services (including the Nintendo Account Services) as described in our Privacy Policy.
This may include personally identifiable information as well as anonymous or aggregate information about your use of the Nintendo Account Services.
We recommend that you review our Privacy Policy before each use of a Nintendo product or service to help you stay informed of our privacy practices.

Qualifications & exceptions

  • Covers both personally identifiable and anonymous or aggregate information.

Not stated here

  • The Privacy Policy is referenced but not supplied here, so what Nintendo collects, how it is used and shared, and how it is protected are not explained by this page.

Account & Service Control · Restriction or exception

You agree to follow Nintendo's Community Guidelines and Community Tournament Guidelines

To help keep the services safe, friendly, welcoming and fun, you agree to adhere to the Nintendo of America Community Guidelines and the Community Tournament Guidelines. Both are linked but not supplied here.

Supporting quotations

you agree that you will adhere to the Nintendo of America Community Guidelines found
and the Community Tournament Guidelines found

Not stated here

  • The Community Guidelines and Community Tournament Guidelines are linked but not supplied here, so the conduct they require is not explained.

Content & IP Rights · Restriction or exception

Nintendo keeps all rights in the services and its intellectual property, apart from your right to use them

Other than your right to use the Nintendo Account Services as the Agreement describes, and as between you and Nintendo, Nintendo retains and reserves all right, title and interest in the services, including all Nintendo Intellectual Property. Nintendo Intellectual Property means all registered and unregistered trademarks, service marks, logos, designs, copyrights, database rights, inventions, patents, trade secrets, know-how, technological protection measures and other confidential and proprietary information of Nintendo, including all other proprietary or intellectual property rights of any kind in any country.

Supporting quotations

Other than your right to use the Nintendo Account Services as described in this Agreement
we retain and reserve all right, title, and interest in and to the Nintendo Account Services, including without limitation, to all Nintendo Intellectual Property
means all registered and unregistered trademarks, service marks, logos, registered and unregistered designs, copyrights, database rights, inventions, patents, trade secrets, know-how, technological protection measures, and other confidential and proprietary information of Nintendo

Qualifications & exceptions

  • The reservation is as between you and Nintendo.
  • The definition is introduced by "including without limitation", so it is not closed.

Account & Service Control · Permission or license

Nintendo can end the Agreement or suspend you without prior notice, including for other users' conduct

Nintendo may terminate the Agreement or suspend your access to any or all services, in its sole discretion and without prior notice, if you violate the Agreement, if it has a reasonable belief that a violation has or will occur, or as it otherwise determines reasonably necessary for legal, technical or commercial reasons, such as to prevent harm to other users or the services. On termination or suspension you must immediately stop using the services. This right applies to the conduct of any other user under your Nintendo Account or linked to it through the supervised user functionality. Elsewhere Nintendo may also suspend, modify, discontinue or terminate some or all services without liability or notice.

Supporting quotations

Nintendo may terminate this Agreement or suspend your access to any or all Nintendo Account Services, in our sole discretion and without prior notice to you, if you violate this Agreement, if we have a reasonable belief such a violation has or will occur, or as we otherwise determine to be reasonably necessary for legal, technical or commercial reasons, such as to prevent harm to other users or the Nintendo Account Services.
Upon any such termination or suspension, you must immediately stop using the Nintendo Account Services.
shall apply with respect to the conduct of any other user under your Nintendo Account or linked to your Nintendo Account through the supervised user functionality
we may suspend, modify, discontinue, or terminate all or some of the Nintendo Account Services without liability or notice to you

Qualifications & exceptions

  • Action is in Nintendo's sole discretion and without prior notice.
  • Grounds include a reasonable belief of a violation and legal, technical or commercial reasons.
  • Covers other users under your account and supervised users.

Not stated here

  • The text does not say what happens to purchased content or balances on termination by Nintendo.

Account & Service Control · User right or choice

You can end the Agreement by deleting your account, which may cost you services and associated accounts

You may terminate the Agreement by deleting your Nintendo Account and discontinuing use of the services. If you start deletion, access to some or all of the services may be lost, and any accounts associated with your Nintendo Account may be deleted. The text does not say what happens to purchases, balances or content when you delete your account.

Supporting quotations

You may terminate this Agreement by deleting your Nintendo Account and discontinuing use of the Nintendo Account Services.
If you initiate deletion of your Nintendo Account, access to some or all of the Nintendo Account Services may be lost, and any accounts associated with your Nintendo Account may be deleted.

Qualifications & exceptions

  • Deleting your account may also delete associated accounts.

Not stated here

  • The text does not say what happens to purchases, account balances or User-Generated Content when you delete your account.

Legal Rights & Agreement Rules · Permission or license

Nintendo may change the Agreement; continuing to use the services confirms you accept the update

Nintendo may change the terms of the Agreement from time to time. When it updates the Agreement it says it will provide notice of the update, such as by posting the current version on its website. If you do not agree to the changes you must immediately stop using the services, and if you continue to use them you are confirming your acceptance of the updated Agreement.

Supporting quotations

We may change the terms of this Agreement from time to time.
When we update the Agreement, we will provide notice of the update such as by posting the current version of the Agreement on
If you do not agree to the changes, you must immediately stop using the Nintendo Account Services. If you continue to use the Nintendo Account Services, you will be confirming your acceptance of the updated Agreement.

Qualifications & exceptions

  • Notice is described by example ("such as"), including posting on the website.
  • Continuing to use the services confirms acceptance.

Not stated here

  • The text gives no minimum notice period before a change takes effect and does not require individual notice.

Legal Rights & Agreement Rules · Restriction or exception

You agree to indemnify Nintendo for losses from your use of the services or items you make available

If Nintendo, including its subsidiaries and affiliates, is subject to any actual or threatened claims, costs, damages, losses or other liabilities (Covered Losses) as a result of your use of the services, or any data, information or other item you make available through them, you agree to indemnify Nintendo for those losses and related costs such as reasonable attorneys' fees. Some jurisdictions limit consumer indemnities, so some or all of these provisions may not apply to you. If you must indemnify Nintendo, it has the right, in its sole discretion, to control any action or proceeding and decide whether and on what terms to settle it.

Supporting quotations

If Nintendo (including its subsidiaries and/or affiliates) is subject to any actual or threatened claims, costs, damages, losses, or other liabilities
as a result of your use of any of the Nintendo Account Services, or any data, information, or other item you make available through the Nintendo Account Services
then you agree to indemnify us from all such Covered Losses and any related costs, such as reasonable attorneys
Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you.
we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms

Qualifications & exceptions

  • Some or all of the indemnity may not apply where a jurisdiction limits consumer indemnities.
  • Nintendo controls the defense and settlement decisions in its sole discretion.

Legal Rights & Agreement Rules · Restriction or exception

The services are provided as is, at your sole risk, with no warranty

Use of the services is at your sole risk, and no oral or written information or advice from Nintendo or its representatives creates a warranty. The services are provided as is without warranty of any kind and, to the fullest extent permitted by applicable law, Nintendo disclaims all express or implied warranties, including the implied warranties of merchantability and fitness for a particular purpose. If a law restricts Nintendo's ability to limit liability or disclaim warranties, the limitations may not apply to you, and Nintendo limits liability and disclaims warranties to the greatest extent permitted by law.

Supporting quotations

USE OF THE NINTENDO ACCOUNT SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINTENDO OR ITS REPRESENTATIVES CREATES A WARRANTY.
THE NINTENDO ACCOUNT SERVICES ARE PROVIDED
WITHOUT WARRANTY OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NINTENDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE NINTENDO ACCOUNT SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
WITHOUT LIMITING SECTION 15, NINTENDO DOES NOT MAKE ANY GUARANTEE OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR PERFORMANCE OF THE NINTENDO ACCOUNT SERVICES
IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS AND DISCLAIMERS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.

Qualifications & exceptions

  • The disclaimer applies to the fullest extent permitted by applicable law and may not apply where a law restricts it.

Legal Rights & Agreement Rules · Restriction or exception

Liability is capped at what you actually paid, and special and consequential damages are excluded

To the maximum extent permitted by law, Nintendo will not be liable to you for special, indirect, incidental or consequential damages of any kind, whether based in contract, tort (including negligence), strict product liability or any other legal theory, arising out of or relating to your access, use, misuse or inability to use the services, even if advised of the possibility. In any case, Nintendo's aggregate liability to you for claims arising out of or relating to your access, use, misuse or inability to use the services is limited to the amount you actually paid for the services. If a law restricts Nintendo's ability to limit liability, the limits may not apply to you.

Supporting quotations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE NINTENDO ACCOUNT SERVICES, EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE NINTENDO ACCOUNT SERVICES IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE NINTENDO ACCOUNT SERVICES

Qualifications & exceptions

  • The cap is the amount you actually paid for the services, so it can be zero for free services.
  • The exclusion applies to the maximum extent permitted by law and may not apply where a law restricts it.

Legal Rights & Agreement Rules · Restriction or exception

Claims go to binding individual arbitration instead of court, a jury or a class action

Section 16 applies to all Claims between you and Nintendo: any dispute, claim, cause of action or controversy, on any legal theory including contract, tort, statute, fraud or misrepresentation, that arises from or relates to the Agreement, the services or their use, or that concerns the validity, enforceability or scope of the arbitration provision. Subject to the exceptions in the next card, all Claims not resolved through the informal process will be resolved only by a neutral arbitrator through final and binding arbitration instead of in court before a judge or jury. The provision precludes you and Nintendo from suing in court, having a jury trial or taking part in a class action; arbitration is solely individual and not a class arbitration, class action or other representative proceeding, and both sides waive the right to a jury trial. The arbitrator has authority to grant any remedy or relief that would otherwise be available in court.

Supporting quotations

THIS ARBITRATION PROVISION PRECLUDES YOU AND NINTENDO FROM SUING IN COURT, HAVING A TRIAL BY JURY, OR PARTICIPATING IN A CLASS ACTION.
YOU AND NINTENDO AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.
This Section 16 applies to all Claims between you and Nintendo.
is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and Nintendo, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to this Agreement, the Nintendo Account Services or their use or Claims related to the validity, enforceability, or scope of the arbitration provision or any portion of it
all Claims that are not resolved in accordance with Section 16(c) will only be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury
The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

Qualifications & exceptions

  • Applies to disputes the informal resolution process does not settle.
  • Subject to the intellectual property and small-claims exceptions and to your 30-day opt-out.
  • Disputes about the enforceability, revocability or validity of the arbitration provision are themselves Claims for the arbitrator.

Legal Rights & Agreement Rules · Restriction or exception

IP-protection claims and qualifying small-claims matters are outside arbitration

The arbitration requirement does not apply to Claims in which a party is attempting to protect its intellectual property rights, such as its patent, copyright, trademark, trade secret, anti-circumvention or moral rights but not its privacy or publicity rights, or that are properly asserted in small-claims court, provided that the small-claims court does not permit class or similar representative actions or relief.

Supporting quotations

Except for Claims (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, anti-circumvention, or moral rights, but not including its privacy or publicity rights) or (ii) that are properly asserted in small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief)

Qualifications & exceptions

  • Privacy and publicity rights are expressly not treated as intellectual property for this exception.
  • The small-claims exception applies only if the court does not permit class or similar representative actions or relief.

Legal Rights & Agreement Rules · User right or choice

You can opt out of the arbitration requirement by written notice within 30 days of first agreeing

You may opt out of the arbitration requirement in Section 16 by sending written notice of your decision to Nintendo of America Inc., Attn: CS Admin, at the stated Redmond, Washington address, within 30 days of the date on which you first agreed to be bound by the Agreement. The notice must include the name and contact information of each person opting out and the email address registered to your Nintendo Account. If you send timely written notice with the required information, the arbitration requirement will not apply to you or Nintendo and the parties will settle any Claims on an individual basis under Section 18. If you do not send notice, you agree to be bound by the arbitration requirement.

Supporting quotations

FOLLOW THE INSTRUCTIONS BELOW IN SECTION 16(J) IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE ON AN INDIVIDUAL BASIS.
You have the right to opt out of the arbitration requirement in this Section 16 by sending written notice of your decision to opt out to the following address: Nintendo of America Inc., Attn: CS Admin, 4600 150th Ave NE, Redmond, WA 98052 within 30 days of the date on which you have first agreed to be bound by this Agreement pursuant to its terms.
Such notice must include the name of each person opting out, contact information for each such person, and the email address registered to your Nintendo Account.
If you send timely written notice containing the required information, then the arbitration requirement in this Section 16 will not apply to you or Nintendo and the parties will settle any Claims on an individual basis in accordance with Section 18.
If you do not send such notice, then you agree to be bound by the arbitration requirement in this Section 16.

Qualifications & exceptions

  • The 30 days run from when you first agreed to be bound by the Agreement.
  • The notice must include the required identifying information.
  • Opting out ends the arbitration requirement for both you and Nintendo; Claims then go to Section 18.

Legal Rights & Agreement Rules · Procedure

Nintendo's Contact Center is invited to resolve concerns first

Nintendo's Contact Center is available to address concerns about the services. You may contact it by phone, by email at useragreement@noa.nintendo.com, or by regular mail to Nintendo of America Inc., Attn: User Agreement, in Redmond, Washington. Nintendo says most matters can be quickly resolved this way. This paragraph invites contact; the separate informal dispute resolution process below sets the required steps before arbitration.

Supporting quotations

Our Contact Center is available to address any concerns you may have regarding the Nintendo Account Services.
You may contact them by phone at 1-800-255-3700; by email at useragreement@noa.nintendo.com; or by regular mail sent to Nintendo of America Inc., Attn: User Agreement, 4600 150th Ave NE, Redmond, WA 98052 USA.

Qualifications & exceptions

  • The invitation to contact the Contact Center is separate from the required Claimant Notice process.

Legal Rights & Agreement Rules · Procedure

Before arbitration you must send a written Claimant Notice and negotiate for at least 30 days

Except as Section 16(d) permits, if you have a Claim against Nintendo or Nintendo has one against you, you and Nintendo must first try to resolve it informally before either side may bring it in arbitration. You and Nintendo will make a good-faith effort to negotiate for 30 days, or a longer period you agree in writing (email suffices), from the day one receives a written notice of the Claim (a Claimant Notice) from the other. You send a Claimant Notice to Nintendo by certified mail to the stated Redmond address, Attn: General Counsel; Nintendo sends one to you by certified mail or email using your contact information. A Claimant Notice must include the sender's name, address, email, telephone number and any relevant purchase information, describe the nature and basis of the Claim, and set out the specific relief requested.

Supporting quotations

Except as permitted under Section 16(d)
you and Nintendo must first attempt to resolve the Claim informally before either party may bring the Claim in arbitration
You and Nintendo will make a good-faith effort to negotiate for 30 days the resolution of any Claim, or for a longer period as mutually agreed in writing (email suffices) by you and Nintendo
from the day you or Nintendo receive a written notice of a Claim from the other party
You will send any Claimant Notice to Nintendo by certified mail addressed to 4600 150th Avenue NE, Redmond, WA 98052, USA, Attn: General Counsel.
Nintendo will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Nintendo.
(ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief requested

Qualifications & exceptions

  • The 30 days run from receipt of the written Claimant Notice.
  • A longer period can be agreed in writing, and email suffices.
  • The exceptions in Section 16(d) are not subject to this step.

Legal Rights & Agreement Rules · Restriction or exception

You cannot file early, filing early can cost you, and limitation deadlines are paused during the informal period

The Informal Resolution Period is meant to let the party that receives a Claimant Notice make a fair, fact-based offer. Neither you nor Nintendo may file a Claim in arbitration, or in court under Section 16(d), before the period ends. If a party files without complying with Section 16, including waiting out the period, the other party reserves the right to seek relief from a court to enjoin the filing and to seek damages, including reimbursement of costs and fees such as arbitration, attorney and expert fees incurred as a foreseeable consequence of the breach. The statute of limitations and any filing fee deadlines for a Claim are tolled for the duration of the Informal Resolution Period so the informal process can take place.

Supporting quotations

You or Nintendo cannot file a Claim in arbitration (or court in accordance with Section 16(d)) before the end of the Informal Resolution Period.
the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party who has not followed the requirements in this Section 16(c)
incurred as a foreseeable consequence of that breach
The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim

Qualifications & exceptions

  • The cost-shifting remedy applies against a party who files without following Section 16, and is available to either side.
  • Tolling covers the statute of limitations and filing fee deadlines for that Claim during the period.

Legal Rights & Agreement Rules · Procedure

Arbitration is run by the AAA under the FAA, with a NAM fallback and different rules for consumers

A Claim not excluded under Section 16(d) may be settled only by binding individual arbitration conducted by the American Arbitration Association (AAA) according to the Federal Arbitration Act. If you are a Consumer, meaning you use the services only for personal, family or household purposes, the then-current AAA Consumer Arbitration Rules apply as modified by the Agreement. If you are not a Consumer, the then-current AAA Commercial Arbitration Rules and Mediation Procedures apply as modified by the Agreement. If the AAA notifies the parties in writing (email suffices) that it is not available to arbitrate a Claim, that Claim may be settled only by binding individual arbitration conducted by National Arbitration and Mediation (NAM) under NAM's Comprehensive Dispute Resolution Rules and Procedures as modified by the Agreement.

Supporting quotations

a Claim not excluded under Section 16(d) may only be settled by binding individual arbitration conducted by the American Arbitration Association
according to the Federal Arbitration Act
meaning that you only use the Nintendo Account Services for personal, family, or household purposes
Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and Nintendo as modified by this Agreement
If the AAA notifies the parties in writing (email suffices) that it is not available to arbitrate any Claim, that Claim may only be settled by binding individual arbitration conducted by National Arbitration and Mediation
Comprehensive Dispute Resolution Rules and Procedures are the Rules applicable to Claims between you and Nintendo as modified by this Agreement

Qualifications & exceptions

  • The rules apply as modified by the Agreement.
  • Consumer means using the services only for personal, family or household purposes.
  • NAM applies only if the AAA notifies the parties in writing that it is not available.

Not stated here

  • The AAA and NAM rules are referenced but not supplied here.

Legal Rights & Agreement Rules · Procedure

You or Nintendo start arbitration by filing a demand with the AAA or NAM and sending a copy by certified mail

You or Nintendo may start arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA under its rules (or NAM if applicable). Instructions are said to be on the providers' websites or by phone. You send a copy of any demand to Nintendo by certified mail to the stated Redmond address, Attn: General Counsel, and Nintendo sends any demand to you by certified mail or email using your contact information. You and Nintendo both agree the arbitrator must follow the terms of the Agreement.

Supporting quotations

You or Nintendo may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA in accordance with the Rules
You will send a copy of any demand for arbitration to Nintendo by certified mail addressed to 4600 150th Avenue NE, Redmond, WA 98052, USA, Attn: General Counsel.
Nintendo will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Nintendo.
You and Nintendo both agree that the arbitrator must follow the terms of this Agreement.

Qualifications & exceptions

  • Arbitration can start only for Claims not resolved during the Informal Resolution Period.

Legal Rights & Agreement Rules · Restriction or exception

The arbitrator decides arbitrability and may award only individual relief; the award is binding

The enforceability of Section 16 is governed by the FAA to the extent permitted by law. As limited by the FAA, the Agreement and the applicable Rules, the arbitrator has exclusive authority over all procedural and substantive decisions on a Claim, including the power to decide all questions of arbitrability, and may grant whatever relief a court could. To the fullest extent allowed by applicable law, the arbitrator may award only legal or equitable remedies that are individual to you or Nintendo to satisfy individual Claims that the arbitrator finds supported by credible relevant evidence. The award is binding and may be entered as a judgment in any court of competent jurisdiction. The parties acknowledge that without this provision they would have the right to sue in court and have a jury trial, and that arbitration costs could exceed litigation costs and discovery may be more limited.

Supporting quotations

the enforceability of this Section 16 will be substantively and procedurally governed by the FAA to the extent permitted by law
the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim in arbitration and to grant whatever relief would be available in a court under law or in equity, including the power to determine all questions of arbitrability
the arbitrator may only award legal or equitable remedies that are individual to you or Nintendo to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence)
shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.
in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court

Qualifications & exceptions

  • Remedies are limited to those individual to you or Nintendo, to the fullest extent allowed by applicable law.
  • The arbitrator decides arbitrability questions.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only; if the class waiver fails, Section 16 is void and Washington courts decide

Any arbitration is conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis, in court or arbitration. If any court or arbitrator decides the class-action waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, the entire arbitration provision in Section 16 is null and void and the parties are deemed not to have agreed to arbitrate Claims. Claims released from arbitration this way are resolved under Section 18, which applies Washington law and sends Claims not subject to arbitration, and not heard in small claims court, exclusively to state and federal courts in King County, Washington.

Supporting quotations

Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action.
The parties waive their right to file a class action or seek relief on a class basis, whether in court or arbitration.
then the arbitration provision set forth in this Section 16 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims
Any such claims so released from arbitration must be resolved in accordance with Section 18.
shall be subject to and governed by, construed, and interpreted in accordance with the laws of the State of Washington, U.S.A., except for its conflict of law rules
will be resolved exclusively in the state and federal courts located in King County, Washington, U.S.A.

Qualifications & exceptions

  • The fallback voids the whole arbitration provision, not just the waiver.
  • Released Claims go to King County, Washington courts under Section 18.

Charges & Financial Obligations · Company commitment

Nintendo pays the difference if the arbitration filing fee exceeds a court filing fee

To the extent the initial filing fee for the arbitration exceeds the initial filing fee for a lawsuit, Nintendo will pay the difference in fees. This does not apply in the circumstances described in Section 16(g) (frivolous or improper claims) or to Mass Arbitrations as defined in Section 16(i).

Supporting quotations

Except for the circumstances outlined in Section 16(g) and for Mass Arbitrations
to the extent the initial filing fee for the arbitration exceeds the initial filing fee for a lawsuit, we will pay the difference in fees

Qualifications & exceptions

  • Does not apply to Section 16(g) circumstances or to Mass Arbitrations.
  • Covers the initial filing fee only, as written.

Charges & Financial Obligations · Restriction or exception

A claimant must pay the other side's costs, including attorney fees, for frivolous or improper claims

To the extent permitted by applicable law, a claimant must pay all costs incurred by the defending party, including attorney fees, related to a Claim if an arbitrator determines that the Claim was not warranted by existing law or by a nonfrivolous argument, or that it was filed in arbitration for an improper purpose such as to harass the defending party, cause unnecessary delay or needlessly increase the cost of dispute resolution. The rule applies to whichever side is the claimant.

Supporting quotations

To the extent permitted by applicable law
a claimant must pay all costs incurred by the defending party, including any attorney
related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution

Qualifications & exceptions

  • Applies only to the extent permitted by applicable law and only if an arbitrator makes the stated determination.
  • Applies to whichever party is the claimant.

Legal Rights & Agreement Rules · Procedure

You and Nintendo agree to seek protection for confidential information in a dispute

If you or Nintendo submits a Claim, you and Nintendo agree to cooperate in seeking, from the arbitrator or the relevant court, protection for any confidential, proprietary, trade secret or otherwise sensitive information, documents, testimony and other materials that might be exchanged or be the subject of discovery, and to seek that protection before they are exchanged or become the subject of discovery.

Supporting quotations

you and Nintendo agree to cooperate to seek from the arbitrator or relevant court protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery
You and Nintendo agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery.

Qualifications & exceptions

  • The agreement is to seek protection from the arbitrator or court, not a guarantee of confidentiality.

Legal Rights & Agreement Rules · Procedure

25 or more similar claims with the same or coordinated lawyers are treated as Mass Arbitrations

If a party receives 25 or more Claimant Notices that raise similar claims and have the same or coordinated counsel, they are considered Mass Arbitrations and are treated under the AAA's Mass Arbitration Supplementary Rules (or NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures if filed with NAM), to the extent Mass Arbitrations are filed in arbitration as the Agreement provides. Either side may say it believes Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition are decided by the arbitration provider as an administrative matter. A party asserting the same Claim as others through common or coordinated counsel waives any objection that joining all such persons is impracticable. The Agreement's procedures supplement those rules and, where they conflict, supersede them.

Supporting quotations

If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel
will be treated as mass arbitrations according to the AAA
will be decided by the arbitration provider as an administrative matter
that party waives any objection that the joinder of all such persons is impracticable
and to the extent the procedures conflict with those Rules, to supersede them

Qualifications & exceptions

  • The trigger is 25 or more Claimant Notices with similar claims and the same or coordinated counsel.
  • The Agreement's procedures supersede the provider's rules where they conflict.

Not stated here

  • The AAA and NAM mass arbitration rules are referenced but not supplied here.

Legal Rights & Agreement Rules · Restriction or exception

Mass Arbitrations can be filed only through the Agreement's process, and limitation periods are paused meanwhile

Mass Arbitrations may be filed in arbitration only as the process set out in the Agreement permits. Applicable statutes of limitations are tolled for Claims asserted in a Mass Arbitration from the time a compliant Claimant Notice is received by a party until the Agreement permits the Mass Arbitration to be filed in arbitration or court.

Supporting quotations

Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below.
Applicable statutes of limitations will be tolled for Claims asserted in a Mass Arbitration from the time a compliant Claimant Notice has been received by a party until this Agreement permits such Mass Arbitration to be filed in arbitration or court.

Qualifications & exceptions

  • Tolling starts when a compliant Claimant Notice is received.

Legal Rights & Agreement Rules · Procedure

Only 20 test cases proceed first in a Mass Arbitration, and the rest are not filed and pay no fees yet

The bellwether process does not start until the claimants' counsel tells the other party in writing (email suffices) that all or substantially all the Claimant Notices have been submitted. Then counsel select 20 Mass Arbitrations to proceed as a bellwether, with each side choosing 10 claimants who gave compliant Claimant Notices, and only those selected Claims are deemed filed with the arbitration provider. The parties acknowledge that resolving some Mass Arbitrations will be delayed. The remaining Mass Arbitrations are not filed or deemed filed, and no arbitration fees are assessed for them, unless and until they are selected to be filed in individual arbitration proceedings. A single arbitrator presides over each bellwether Mass Arbitration, and only one is assigned to each arbitrator unless the parties agree otherwise.

Supporting quotations

The bellwether process set forth in this section will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted.
counsel for the parties will select 20 Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those selected Claims will be deemed filed with the arbitration provider.
The parties acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process.
Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 16(i).
only those selected Claims will be deemed filed with the arbitration provider
A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of the bellwether process unless the parties agree otherwise.

Qualifications & exceptions

  • Claimants outside the selected 20 wait, with no filing and no fees assessed, unless and until selected.
  • Limitation periods are tolled during this wait under the tolling rule.

Legal Rights & Agreement Rules · Procedure

After the first test cases, Nintendo pays for a mediation, then a second round of 35 cases and another mediation

Once the bellwether arbitrations conclude (or sooner if the claimants and the other party agree), counsel must take part in a single mediation of all remaining Mass Arbitrations, with the mediator's fee paid for by Nintendo. Counsel must agree on a mediator within 30 days after the last bellwether arbitration ends, failing which the arbitration provider appoints one. If any remain unresolved after the mediation, the arbitrator randomly selects 35 Mass Arbitrations (or all remaining if fewer than 35) from claimants with compliant Claimant Notices to proceed as a second bellwether, and only those selected Claims are deemed filed, each with its own arbitrator. After the second bellwether, counsel must take part in a second single mediation of all remaining Mass Arbitrations, if any, again with Nintendo paying the mediator's fee and the same 30-day mediator selection.

Supporting quotations

counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, with the mediator
fee paid for by Nintendo
Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the final initial bellwether arbitration.
If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter.
the arbitrator will randomly select 35 Mass Arbitrations (or the total remaining Mass Arbitrations if fewer than 35) to proceed in arbitration as a second bellwether process
only those selected Claims will be deemed filed with the arbitration provider
counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, if any, with the mediator

Qualifications & exceptions

  • Nintendo pays the mediator's fee for both mediations.
  • A mediator is appointed by the arbitration provider if counsel cannot agree within 30 days.

Legal Rights & Agreement Rules · Restriction or exception

If 100 or more Mass Arbitrations remain after the second mediation, either side may elect to go to court as a class

If the second mediation ends with 100 or more Mass Arbitrations unresolved, any party to the remaining Mass Arbitrations may elect to stop the arbitration requirement applying to those for which the other party received a compliant Claimant Notice and that were not resolved in the bellwether proceedings. The election must be communicated in writing (email suffices) to opposing counsel within 30 days of the mediation concluding. Released Mass Arbitrations must be resolved under Section 18 (Washington law, King County courts). If they are brought in court, claimants may seek class treatment, but to the fullest extent the law allows, the classes may include only claimants in Mass Arbitrations with a compliant Claimant Notice received by the other party. Any party may contest class certification at any stage and on any available basis.

Supporting quotations

If the mediation process set forth in the immediately preceding paragraph regarding the second mediation concludes with 100 or more Mass Arbitrations remaining unresolved
any party to the remaining Mass Arbitrations may elect to no longer have the arbitration requirement in this Section 16 apply
must be communicated in writing (email suffices) to counsel for the opposing party within thirty (30) days of the mediation concluding
must be resolved in accordance with Section 18
claimants may seek class treatment
the classes sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party
Any party may contest class certification at any stage of the litigation and on any available basis.

Qualifications & exceptions

  • The election right arises only if 100 or more Mass Arbitrations remain unresolved after the second mediation.
  • The election is effective only if made in writing to opposing counsel within 30 days of the mediation concluding.

Cross-references

Legal Rights & Agreement Rules · Procedure

Otherwise remaining Mass Arbitrations proceed in batches of 35, and courts can enforce the process

If fewer than 100 Mass Arbitrations remain after the mediation, or no party makes a timely election, the arbitrator randomly selects 35 Mass Arbitrations (or all remaining if fewer than 35) to proceed as a batch, choosing from eligible Claims with compliant Claimant Notices, and only those selected Claims are deemed filed. Each has a single arbitrator, with only one assigned to each arbitrator unless the parties agree otherwise. When the batch is complete the parties repeat the batch process until all remaining Mass Arbitrations have been arbitrated. Courts may enforce the bellwether and mediation processes and may enjoin lawsuits or arbitration demands not made in compliance with them.

Supporting quotations

If the mediation process concludes with fewer than 100 Mass Arbitrations remaining or if no party makes a timely election as provided for in the preceding paragraph
the arbitrator will randomly select 35 Mass Arbitrations (or the total remaining Mass Arbitrations if fewer than 35) to proceed in arbitration as a batch
A single arbitrator will preside over each Mass Arbitration chosen for the batch
the parties will repeat the batch process in this paragraph until all remaining Mass Arbitrations have been arbitrated
Courts will have authority to enforce the bellwether and mediation processes defined in this section
may enjoin the filing of lawsuits or arbitration demands not made in compliance with it

Qualifications & exceptions

  • Batches repeat until every remaining Mass Arbitration has been arbitrated.
  • A court can block a filing that does not follow the bellwether and mediation process.

Legal Rights & Agreement Rules · Procedure

To opt out of arbitration, send a written notice with names, contact details and your account email within 30 days

You may opt out of the arbitration requirement by sending written notice to Nintendo of America Inc., Attn: CS Admin, 4600 150th Ave NE, Redmond, WA 98052, within 30 days of first agreeing to be bound by the Agreement. The notice must include the name of each person opting out, contact information for each, and the email address registered to your Nintendo Account. If you send a timely notice with that information, the arbitration requirement does not apply to you or Nintendo and Claims are settled individually under Section 18. If you do not send such notice, you agree to be bound by the arbitration requirement.

Supporting quotations

by sending written notice of your decision to opt out to the following address: Nintendo of America Inc., Attn: CS Admin, 4600 150th Ave NE, Redmond, WA 98052
within 30 days of the date on which you have first agreed to be bound by this Agreement pursuant to its terms
Such notice must include the name of each person opting out, contact information for each such person, and the email address registered to your Nintendo Account.
then the arbitration requirement in this Section 16 will not apply to you or Nintendo and the parties will settle any Claims on an individual basis in accordance with Section 18
If you do not send such notice, then you agree to be bound by the arbitration requirement in this Section 16.

Qualifications & exceptions

  • The 30 days run from first agreeing to be bound by the Agreement.
  • Silence means you are bound by the arbitration requirement.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Unenforceable parts are cut out, local law limits apply, and Nintendo not enforcing a term is not a waiver

If any part of the Agreement is found unlawful, void or unenforceable, that part is severed and the rest remains in force. If the law where you live limits how a provision applies to you, it still applies to the fullest extent the law permits. If Nintendo does not enforce a provision, that is not a waiver of its rights, and any waiver must be in a written document signed by an authorized Nintendo representative.

Supporting quotations

that part will be severed from this Agreement and the remainder of the Agreement will remain intact
such provision shall remain applicable to you to the fullest extent permitted by applicable law
If we do not enforce any provision of this Agreement, that will not be considered a waiver of our rights.
Any waiver of this Agreement must be in a written document signed by an authorized representative of Nintendo.

Qualifications & exceptions

  • Only a signed written document from an authorized Nintendo representative is a waiver.

Legal Rights & Agreement Rules · Context

Washington State law governs the Agreement and all Claims

The Agreement and all Claims, including any claims Nintendo has that you have violated its intellectual property rights, are governed, construed and interpreted under the laws of the State of Washington, U.S.A., except for its conflict of law rules.

Supporting quotations

This Agreement and all Claims
including any claims Nintendo has that you have violated its intellectual property rights
shall be subject to and governed by, construed, and interpreted in accordance with the laws of the State of Washington, U.S.A., except for its conflict of law rules

Qualifications & exceptions

  • Washington's conflict of law rules are excluded.

Legal Rights & Agreement Rules · Restriction or exception

Claims that are not arbitrated or small claims go to courts in King County, Washington

Claims that are not subject to arbitration under Section 16 and cannot be heard in small claims court are resolved exclusively in the state and federal courts located in King County, Washington, U.S.A. You and Nintendo waive any objection to venue in those courts.

Supporting quotations

All Claims not subject to arbitration pursuant to Section 16 and that cannot be heard in small claims court
will be resolved exclusively in the state and federal courts located in King County, Washington, U.S.A.
You and Nintendo waive any objection to venue in the courts identified in this Section 18.

Qualifications & exceptions

  • Applies only to Claims not subject to arbitration and not heard in small claims court.

Cross-references

Account & Service Control · Procedure

Contact Nintendo through the support page linked in the Agreement

To contact Nintendo about the Nintendo Account Services, the Agreement points you to a support page linked from its Contact Information section.

Supporting quotations

you may use the contact information provided at

Not stated here

  • The linked support page is not part of the supplied text.

Legal Rights & Agreement Rules · Context

Apple device users: the Agreement is with Nintendo, not Apple, and Section 20 wins any conflict

Section 20 applies to users who use any Nintendo Account Services on smart device operating systems provided by Apple, Inc. If it conflicts with the rest of the Agreement, Section 20 applies. You acknowledge that the Agreement is concluded solely between you and Nintendo, not Apple, and that Nintendo, not Apple, is solely responsible for the Nintendo Account Services and their content.

Supporting quotations

This Section 20 applies to users who use any Nintendo Account Services on smart device operating systems provided by Apple, Inc.
In the event of conflict between this Section 20 and the Agreement, this Section 20 shall apply.
this Agreement is concluded solely between you and Nintendo, and not with Apple
Nintendo, not Apple, is solely responsible for the Nintendo Account Services and the content thereof.

Qualifications & exceptions

  • Applies only to Nintendo Account Services used on Apple-provided operating systems.

Content & IP Rights · Permission or license

Services downloaded from Apple: your license is non-transferable and limited to Apple products you own or control

In addition to other restrictions in the Agreement, the license Nintendo grants for Nintendo Account Services downloaded from Apple is non-transferable and may only be used to download and use the services on Apple-branded products that you own or control, and only as the Apple Media Services Terms and Conditions usage rules permit. Such services may, however, be accessed and used by other accounts associated with yours through family sharing or volume purchasing.

Supporting quotations

is non-transferable and may only be exercised to download and use the Nintendo Account Services on Apple-branded products that you own or control
only as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions
may, however, be accessed and used by other accounts associated with yours via family sharing or volume purchasing

Qualifications & exceptions

  • Limited to Apple-branded products you own or control.
  • Family sharing and volume purchasing are expressly allowed.

Not stated here

  • The Apple Media Services Terms and Conditions are referenced but not supplied here.

Legal Rights & Agreement Rules · Restriction or exception

Apple takes no warranty or claim responsibility and only refunds the price; Nintendo disclaims all warranties

You acknowledge that Apple is not responsible for any product warranties for the Nintendo Account Services. If the services downloaded from Apple fail to conform to an applicable warranty, you may notify Apple, which will refund any purchase price paid to Apple, and Apple will have no other warranty obligation to the maximum extent the law allows. Any other claims, losses or costs from such a failure would be Nintendo's sole responsibility, but Nintendo has disclaimed all warranties of any kind, so the Agreement says no warranties apply. Apple also bears no responsibility for claims by you or a third party about your possession or use of the services, including product liability, non-compliance with law, consumer protection or privacy legislation, and intellectual property infringement.

Supporting quotations

You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Nintendo Account Services.
you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Nintendo Account Services by you
would be the sole responsibility of Nintendo
Nintendo has disclaimed all warranties of any kind with respect to the Nintendo Account Services, and therefore, there are no warranties applicable to the Nintendo Account Services
Apple bears no responsibility for any claims by you or a third party related to your possession or use of the Nintendo Account Services
(1) A claim of product liability
(2) A claim that the Nintendo Account Services do not comply with applicable law and regulations
(3) A claim based on any consumer protection, privacy, or similar legislation
(4) A claim by you or a third party that the Nintendo Account Services or the use of the Nintendo Account Services by you infringes the intellectual property rights of you or a third party.

Qualifications & exceptions

  • The refund covers only the purchase price, if any, paid to Apple.
  • The Agreement states that no warranties apply because Nintendo has disclaimed them all.
  • Applicable law may limit these statements.

Account & Service Control · Company commitment

Nintendo alone is responsible for maintenance and support, not Apple

Nintendo is solely responsible for providing any maintenance and support services for the Nintendo Account Services, as specified in the Agreement and as applicable law requires. You acknowledge and agree that Apple has no responsibility to provide maintenance or support for the services.

Supporting quotations

Nintendo is solely responsible for providing any maintenance and support services with respect to the Nintendo Account Services
Apple has no responsibility whatsoever to provide any maintenance or support services for the Nintendo Account Services

Qualifications & exceptions

  • Nintendo's responsibility is as specified in the Agreement and as required by applicable law.

Legal Rights & Agreement Rules · Restriction or exception

Nintendo Co., Ltd. of Japan provides the services; you promise you are not in an embargoed country

For Apple device users, the Agreement states the Nintendo Account Services are provided by Nintendo Co., Ltd., headquartered in Kyoto, Japan, and refers you to Section 19 for contact information. You represent and warrant that you are not located in a US export-embargoed country or a country designated as a State Sponsor of Terrorism by the United States government, and that you are not on any U.S. Government list of prohibited or restricted parties.

Supporting quotations

The Nintendo Account Services are provided by Nintendo Co., Ltd., headquartered at 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan.
You represent and warrant that you are not located in a US export-embargoed country or a country designated as a State Sponsor of Terrorism by the United States government
you are not on any U.S. Government list of prohibited or restricted parties

Qualifications & exceptions

  • The statement and promise sit in the Apple-device section of the Agreement.

Legal Rights & Agreement Rules · Permission or license

Apple and its subsidiaries can enforce the Agreement against you as third-party beneficiaries

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of the Agreement, and that by acknowledging its provisions Apple has the right, and is deemed to have accepted the right, to enforce the Agreement against you as a third-party beneficiary.

Supporting quotations

Apple and Apple's subsidiaries are third-party beneficiaries to this Agreement
Apple has the right (and will be deemed to have accepted the right) to enforce this Agreement against you as third-party beneficiary

Qualifications & exceptions

  • Stated in the section for users of Apple-provided operating systems.

Legal Rights & Agreement Rules · Restriction or exception

People who are not parties to the Agreement get no rights under it, except as it expressly states

Except as the Agreement expressly provides, it does not give any right, now or in the future, to anyone who is not a party to it.

Supporting quotations

Except as expressly stipulated by this Agreement
this Agreement does not confer, and is not intended to confer, any right on any person, existing now or in the future, who is not a party to this Agreement

Qualifications & exceptions

  • The Agreement's express provisions, such as Apple's third-party beneficiary rights, are the exception.