Nintendo and its licensors own the Services' content, which is protected by copyright
The Services contain content such as logos, designs, text, graphics, pictures, information, data, software, sound files and other files, and their selection and arrangement (the Materials). The Terms say the Materials are the proprietary property of Nintendo or its licensors and are protected by US and international copyright laws.
Supporting quotations
The Services contain content including, without limitation, Nintendo
that are the proprietary property of Nintendo or Nintendo
and are protected by U.S. and international copyright laws
Qualifications & exceptions
The list of Materials is introduced by "including, without limitation", so it is not closed.
Content & IP Rights · Context
Nintendo says it claims no ownership of User Content, but separately takes a broad license to it
The Services may let you or other users create, post, send or store messages, photos, text and other materials (User Content). Nintendo says it claims no ownership or control of User Content posted, stored or uploaded by you or any third party, and the same sentence continues with "takes responsibility for, or assumes liability for", which as written is ambiguous and is most plausibly meant as taking no responsibility or liability for User Content or any loss or damage to it. Separately, if you submit or post User Content, you grant Nintendo a broad license to it, described in the User Content license card.
Supporting quotations
The Services may permit you or other users to create, post, send or store messages, photos, text and other materials
Nintendo claims no ownership or control, takes responsibility for, or assumes liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
Qualifications & exceptions
The sentence about responsibility and liability is ambiguous as written.
The no-ownership statement sits alongside the license you grant Nintendo in the section on licenses.
Not stated here
The sentence reads "claims no ownership or control, takes responsibility for, or assumes liability for"; the text does not make clear whether Nintendo means it takes no responsibility or liability.
Content & IP Rights · Permission or license
Nintendo gives you a limited personal-use license to the Services, which it can revoke at any time
Nintendo grants you a limited, non-sublicensable license to access and use the Services for personal use only, subject to the Terms. The license does not include resale or commercial use of the Services or Materials; distribution, public performance or public display of Materials; modifying or making derivative uses; downloading any portion of the Services or Materials except page caching or as expressly permitted; or any use other than their intended purposes. Any other use without Nintendo's prior written permission is strictly prohibited and ends the license, and may also violate laws such as copyright and trademark law. Nothing in the Terms gives you a license to intellectual property rights unless explicitly stated, and Nintendo may revoke the license at any time.
Supporting quotations
Nintendo grants you a limited, non-sublicensable license to access and use the Services for your personal use only.
(a) any resale or commercial use of the Services or the Materials therein
(b) the distribution, public performance or public display of any Materials
(c) modifying or otherwise making any derivative uses of the Services or the Materials, or any portion thereof
(d) downloading (other than the page caching) of any portion of the Services, the Materials or any information contained therein, except as expressly permitted on the Services
(f) any use of the Services or the Materials other than for their intended purposes
Any use of the Services or the Materials other than as specifically authorized herein, without the prior written permission of Nintendo, is strictly prohibited and will terminate the license granted herein.
Nintendo may revoke this license at any time.
Qualifications & exceptions
The excluded uses are listed (a), (b), (c), (d) and (f); the text has no item (e).
Nintendo may revoke the license at any time.
Content & IP Rights · Permission or license
You give Nintendo a worldwide, perpetual, irrevocable license to the User Content you post
If you submit or post User Content to the Services, unless Nintendo indicates otherwise, you grant Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive and sublicenseable license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display it in whole or in part, and to incorporate it in other works in any form, media or technology now known or later developed, including for promotional or marketing purposes.
Supporting quotations
If you submit or post User Content to the Services, unless we indicate otherwise, you grant Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sublicenseable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in whole or in part and to incorporate such User Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.
Qualifications & exceptions
Nintendo can indicate otherwise ("unless we indicate otherwise"); the text does not say how it would do so.
Not stated here
The text does not say how or where Nintendo would indicate otherwise.
Content & IP Rights · Restriction or exception
You warrant your User Content is non-confidential, yours to post, accurate and lawful
By submitting or posting User Content you represent and warrant that it is non-confidential; that you own and control the rights to it or otherwise have all necessary rights to post it; that it is accurate and not misleading or harmful in any manner; and that it, and your use and posting of it with the Services, does not and will not violate the Terms or any applicable law, rule or regulation.
Supporting quotations
you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Services, does not and will not violate these Terms or any applicable law, rule or regulation
Qualifications & exceptions
The warranty is given whenever you submit or post User Content.
Content & IP Rights · Permission or license
Ideas and suggestions you send Nintendo become its property, with no payment or confidentiality
Nintendo says it does not accept unsolicited game or product ideas. If you nonetheless submit product suggestions, questions, creative materials, ideas or other information about the Services or Nintendo (Submissions), whether through the Services or otherwise, they are non-confidential and automatically become the sole property of Nintendo. You assign to Nintendo all right, title and interest, including all intellectual property rights, in the Submissions, and Nintendo may use and disseminate them without limit for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to sign any documentation Nintendo requires, in its sole discretion, to confirm the assignment. This is an assignment of ownership, unlike User Content, where you grant Nintendo a license.
Supporting quotations
we do not accept unsolicited game or product ideas
If you submit product suggestions, questions, creative materials, ideas or other information about our Services or Nintendo
will be non-confidential and shall automatically become the sole property of Nintendo
Nintendo shall own, and you hereby assign to Nintendo, all right, title and interest, including all intellectual property rights, in and to such Submissions
Nintendo shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you
You agree to execute any documentation required by Nintendo (in our sole discretion)
you grant Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sublicenseable license
Qualifications & exceptions
Applies to Submissions made through the Services or otherwise.
Ownership is assigned, not just licensed.
Content & IP Rights · Procedure
Copyright infringement complaints follow Nintendo's separate Intellectual Property Policy
Nintendo says it respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, you are asked to follow Nintendo's Intellectual Property Policy, which is linked but not supplied here.
Supporting quotations
If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our
Not stated here
The Intellectual Property Policy is referenced but not supplied here, so the notice steps are not explained.
Content & IP Rights · Context
Page footer: games are the property of their respective owners; Nintendo of America is based in Redmond
In the site footer after the numbered Terms, the page says games are the property of their respective owners and that Nintendo of America Inc. has its headquarters in Redmond, Washington, USA. This appears in the page footer, not in a numbered section; the text does not say it is part of the Terms.
Supporting quotations
Games are property of their respective owners.
Nintendo of America Inc. Headquarters are in Redmond, Washington, USA
Qualifications & exceptions
Appears in the site footer after the numbered Terms, not in a numbered section.