15 of 35 cards in Legal Rights & Agreement Rules
Legal Rights & Agreement Rules · Context
The page heading states "Last Updated: May 24, 2016". The text gives no later date and does not say when that version took effect.
Last Updated: May 24, 2016
Legal Rights & Agreement Rules · Context
The Terms of Use apply to your access to and use of Nintendo.com and any other website or service that links to the Terms (the Services). The Services are provided by Nintendo of America Inc. The Terms do not alter the terms or conditions of any other agreement you may have with Nintendo for products, services or otherwise.
apply to your access to, and use of, www.Nintendo.com, and any other website or service that links to these Terms
The Services are provided by Nintendo of America Inc.
These Terms do not alter, in any way, the terms or conditions of any other agreement you may have with Nintendo for products, services or otherwise.
Legal Rights & Agreement Rules · Restriction or exception
The Services may include third-party content and links to websites or content owned or operated by third parties. Nintendo says it does not own, control or endorse that content and makes no representation or warranty about it. You acknowledge and agree Nintendo is not responsible or liable in any manner for Third-Party Content and has no responsibility to update or review it, and users use it at their own risk.
The Services may include third-party content and links to websites or content owned or operated by third parties
Nintendo does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content.
You acknowledge and agree that Nintendo is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content at their own risk.
Legal Rights & Agreement Rules · Restriction or exception
You agree that your use of the Services, including posting User Content, will not violate any law, contract, intellectual property or other third-party right, or constitute a criminal action or tort, and that you are solely responsible for your conduct while on the Services. You also agree not to do the specific things listed in the following cards.
You agree that your use of the Services, including the posting of User Content, will not violate any law, contract, intellectual property or other third-party right or constitute a criminal action or tort, and that you are solely responsible for your conduct while on the Services.
Legal Rights & Agreement Rules · Restriction or exception
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 Nintendo disclaims all express or implied warranties, including any warranty of non-infringement and 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.
USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINTENDO OR ITS REPRESENTATIVES CREATES A WARRANTY.
THE SERVICES ARE PROVIDED
WITHOUT WARRANTY OF ANY KIND
NINTENDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.
Legal Rights & Agreement Rules · Restriction or exception
To the maximum extent permitted by law, Nintendo and its affiliated companies, licensees, licensors and contractors (the Nintendo Parties) will not be liable to you for special or consequential damages of any kind arising out of or relating to your access, use, misuse or inability to use the Services, even if Nintendo was advised of the possibility. In any case, the Nintendo Parties' aggregate liability to you for claims arising out of or relating to the Services is limited to the amount, if any, you actually paid for the Services that are the subject of the claim. If a law restricts Nintendo's ability to limit liability, these limits may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO AND ITS AFFILIATED COMPANIES, LICENSEES, LICENSORS AND CONTRACTORS
WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE 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 THE SERVICES IS LIMITED TO THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE SERVICES THAT ARE THE SUBJECT OF SUCH CLAIM
Legal Rights & Agreement Rules · Restriction or exception
If the Nintendo Parties face 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 the Services including User Content, you agree to indemnify them for those losses and related costs such as reasonable attorney's fees. You also agree to indemnify them for Covered Losses arising out of or related to any Submissions you provide, your violation of the Terms, and your violation of anyone else's rights. 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 and unfettered discretion, to control any action or proceeding and decide whether and on what terms to settle it.
If the Nintendo Parties are subject to any actual or threatened claims, costs, damages, losses, or other liabilities
as a result of your use of any of the Services, or any data, information, or other item you make available through the Services including User Content
then you agree to indemnify the Nintendo Parties from all such Covered Losses and any related costs, such as reasonable attorney
You further agree to indemnify the Nintendo Parties for any Covered Losses arising out of or related to: (a) any Submissions you provide; (b) your violation of these Terms; and (c) your violation of any rights of another.
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 and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms
If you submit product suggestions, questions, creative materials, ideas or other information about our Services or Nintendo
Legal Rights & Agreement Rules · Procedure
Nintendo's consumer service department 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: Terms of Use, in Redmond, Washington. Nintendo says most matters are quickly resolved this way. The paragraph does not itself say that contacting it is a required step before arbitration.
Our consumer service department is available to address any concerns you may have regarding the 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: Terms of Use, 4600 150th Ave NE, Redmond, WA 98052 USA.
Legal Rights & Agreement Rules · Restriction or exception
Any matter Nintendo cannot resolve with you, and all disputes or claims arising out of or relating to the Terms or your use of the Services (Claims), are to be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and supplementary consumer procedures, excluding rules that govern or permit class actions. The arbitrator, not any court or agency, has exclusive authority to resolve all Claims and may grant any relief a court could grant. The parties acknowledge they would otherwise be able to sue in court and have a jury trial, that arbitration costs could exceed litigation costs in some instances, and that discovery may be more limited. Arbitration does not apply to Claims where a party is trying to protect its intellectual property rights (not including privacy or publicity rights) or that may be brought in small claims court. Section 13 also lets you opt out by written notice within 30 days of the start of your use of the Services, explained further in the opt-out card.
shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association
excluding any rules or procedures governing or permitting class actions
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Claims.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
The parties understand that, absent this mandatory provision, they may 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
Section 13(b) does not apply to any Claim (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights), or (ii) that may be brought in small claims court.
within 30 days of the start of your use of the Services
Legal Rights & Agreement Rules · Restriction or exception
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 the right to file a class action or seek relief on a class basis. 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 13 is null and void and the parties are deemed not to have agreed to arbitrate Claims.
ANY SUCH ARBITRATION SHALL BE 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
If any court or arbitrator determines that the class action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 13 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.
Legal Rights & Agreement Rules · Restriction or exception
The Section 13 arbitration requirement does not apply to any Claim in which a party is trying to protect its intellectual property rights, such as its patent, copyright, trademark, trade secret or moral rights but not its privacy or publicity rights, or that may be brought in small claims court.
Section 13(b) does not apply to any Claim (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights), or (ii) that may be brought in small claims court.
with the exception of the matters described in section 13(d) below
Legal Rights & Agreement Rules · User right or choice
You have the right to opt out of Section 13 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 start of your use of the Services. If you send the notice, Section 13 will not apply to either party. If you do not send it, you agree to be bound by Section 13.
You have the right to opt out of the provisions of this Section 13 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 start of your use of the Services.
If you send this notice, then Section 13 will not apply to either party. If you do not send this notice, then you agree to be bound by this Section 13.
Legal Rights & Agreement Rules · Restriction or exception
You and Nintendo agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Any dispute between the parties is governed by the Agreement, the laws of the State of Washington and applicable United States law, without giving effect to conflict-of-law principles that might call for another jurisdiction's law.
You and Nintendo agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.
Any dispute between the parties will be governed by this Agreement and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
Legal Rights & Agreement Rules · Restriction or exception
If any part of the Terms is determined to be unlawful, void or unenforceable, that part is severed and the rest of the Terms remain intact. If Nintendo does not enforce a provision, that is not a waiver of its rights, and any waiver must be obtained in a written document signed by an authorized representative of Nintendo. The arbitration section has its own rule that, if the class action waiver fails, the whole arbitration provision is void.
If any part of these Terms is determined to be unlawful, void or for any reason unenforceable, then that part will be severed from these Terms, and the rest of the Terms will remain intact.
If we do not enforce any provision of these Terms, that will not be considered a waiver of our rights.
Any waiver of these Terms must be obtained in a written document signed by an authorized representative of Nintendo.
Legal Rights & Agreement Rules · Permission or license
Nintendo may change the Terms from time to time. If it does, it says it will provide notice of the changes, such as by posting the most recent version on the Services and updating the Last Updated date, and it encourages you to check for updates regularly. Your continued use of the Services after any notice confirms that you have agreed to the amended Terms. If you do not agree to the amended Terms, you must stop using the Services.
We may change these Terms from time to time. If we do, we
provide notice of any changes, such as by posting the most recent version on our Services and updating the
We encourage you to check for updates regularly.
Your continued use of the Services following any notice we provide will confirm that you have agreed to the amended Terms.
If you do not agree to the amended Terms, you must stop using the Services.