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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.
Account & Service Control · Procedure
By accessing or using the Services you agree to be bound by the Terms and all terms incorporated by reference; if you do not agree to all of them, you should not use the Services. Nintendo may change the Terms from time to time. If it does, it says it will give notice of changes, such as by posting the most recent version on the Services and updating the Last Updated date, and your continued use of the Services after any notice confirms that you agree to the amended Terms. If you do not agree to the amended Terms, you must stop using the Services.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES.
We may change these Terms from time to time. If we do, we
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.
Account & Service Control · Restriction or exception
The Services may not be used by anyone under 18 without the supervision of a parent or legal guardian who agrees to be bound by the Terms. You represent and warrant that you are at least 18 (or the age of legal majority under applicable law), or, if not, that you have reviewed the Terms with your parent or legal guardian and that they have agreed to be bound by them.
The Services may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms.
You represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you have reviewed these Terms with your parent or legal guardian and that he or she has agreed to be bound by these Terms.
Data Access & Collection · Context
The Terms refer you to Nintendo's Privacy Notice for information about how Nintendo collects, uses and shares information about users of the Services. The Notice is not part of the supplied text.
Please refer to our Privacy Notice for information about how we collect, use and share information about users of our Services.
Content & IP Rights · Context
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.
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
Content & IP Rights · Context
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.
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.
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.
Content & IP Rights · Permission or license
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.
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.
Content & IP Rights · Permission or license
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.
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.
Content & IP Rights · Restriction or exception
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.
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
Sharing & Disclosure · Restriction or exception
Some Services include interactive areas where you or other users may create, post, send or store User Content. When you take part, you understand that certain User Content may be displayed publicly or to select users. You are solely responsible for your use of the Services and the interactive areas and use them at your own risk.
Some of our Services include interactive areas
you understand that certain User Content may be displayed publicly or to select users
You are solely responsible for your use of the Services and the Interactive Areas and use them at your own risk.
Use & Processing · Permission or license
The Terms say there is no promise that the Services will not contain content the Terms prohibit. Nintendo has no obligation to screen, edit or monitor User Content, but reserves the right, with absolute discretion, to access, use, monitor, disclose or preserve information associated with your use of the Services, including User Content and information it acquires about you through your use. It may do so when it forms a good faith belief that this is necessary to comply with applicable law or respond to legal process from competent authorities; to enforce the Terms or protect the rights or property rights of Nintendo or its users; to help prevent a loss of life or serious physical injury to anyone; or to prevent potentially illegal or offensive activities.
These Terms do not create any reasonable expectation or promise that the Services will not contain any content that is prohibited by the Terms.
Although Nintendo has no obligation to screen, edit or monitor any of the User Content posted on the Services
Nintendo reserves the right, and has absolute discretion, to access, use, monitor, disclose or preserve information associated with your use of the Services, including, without limitation, User Content, or information that Nintendo acquires about you through your use of the Services
when Nintendo forms a good faith belief that doing so is necessary (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce these Terms or protect the rights or property rights of Nintendo or its users; (c) to help prevent a loss of life or serious physical injury to anyone; or (d) prevent potentially illegal or offensive activities
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.
Account & Service Control · Restriction or exception
You agree not to use the Services in any way that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying them, or that could damage, disable, overburden or impair their functioning. You also agree not to engage in discriminatory, defamatory, libelous, hateful, harassing, abusive, obscene, threatening, physically dangerous, unlawful or otherwise objectionable conduct, or to try to indicate in any manner that you have a relationship with Nintendo or that it has endorsed you or any products or services for any purpose.
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner
Engage in any discriminatory, defamatory, libelous, hateful, harassing, abusive, obscene, threatening, physically dangerous, unlawful, or otherwise objectionable conduct
Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose
Data Access & Collection · Restriction or exception
You agree not to send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or to harvest or collect other users' email addresses or other contact information from the Services in order to send spam or other commercial messages.
Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages
Security & Safeguards · Restriction or exception
You agree not to try to reverse engineer any aspect of the Services, discover source code, or bypass or circumvent measures that prevent or limit access to any area, content or code, except as otherwise expressly permitted by law. You also agree not to develop third-party applications that interact with User Content or the Services without Nintendo's prior written consent, and not to use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by Nintendo to access the Services, including to copy, extract, aggregate, display, publish or distribute content or data made available through them. You may not post or send viruses, corrupted data or other harmful, disruptive or destructive files.
Attempt to reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law)
Post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services viruses, corrupted data or other harmful, disruptive or destructive files
Develop any third-party applications that interact with User Content or the Services without our prior written consent
Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by us to access the Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via Services.
Account & Service Control · Restriction or exception
You agree not to use or try to use another user's account without authorization from that user and Nintendo, and not to post, upload, transmit, distribute, store, create or otherwise publish or send through the Services User Content that contains personal information about any person, including names, addresses, email addresses or credit card information.
account without authorization from such user and Nintendo or post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services User Content that contains personal information about any person, including, without limitation, names, addresses, email address or credit card information
Account & Service Control · Restriction or exception
Some Services require or allow you to create an account with a user ID and password. When registering you agree to provide only accurate, complete and up-to-date information; maintain and promptly update your account information; maintain the confidentiality and security of your username and password; accept all risks and responsibility associated with any authorized or unauthorized access to your account; and immediately notify Nintendo if you discover or suspect any unauthorized use of your account.
Some of our Services require or allow you to create an account with us, with a user ID and password.
(a) provide only accurate, complete, and up-to-date information, (b) maintain and promptly update your account information, (c) maintain the confidentiality and security of your username and password, (c) accept all risks and responsibility associated with any authorized or unauthorized access to your account, and (d) immediately notify Nintendo if you discover or otherwise suspect any unauthorized use of your account
Content & IP Rights · Permission or license
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.
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
Content & IP Rights · Procedure
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.
If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our
Account & Service Control · Permission or license
Nintendo reserves the right to modify, update or discontinue the Services, or any features or portions of them, without prior notice. You agree that Nintendo can suspend or terminate your right to access the Services at any time for any reason, without notice, obligation or liability to you.
Nintendo reserves the right to modify, update or discontinue our Services, or any features or portions thereof, without prior notice.
You agree that we can suspend or terminate your right to access our Services at any time for any reason without notice, obligation or liability to you.
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.
Charges & Financial Obligations · Company commitment
The arbitration rules are available from the AAA's website or by phone. To the extent the initial filing fee for the arbitration exceeds the initial filing fee for a lawsuit, Nintendo will pay the difference. If the arbitrator finds the arbitration non-frivolous, Nintendo will pay all actual filing and arbitrator fees for the arbitration, provided your claim is less than $75,000. The arbitration rules also permit you to recover attorney's fees in certain cases.
The rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.
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.
If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim is less than $75,000.
The arbitration rules also permit you to recover attorney
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.
Content & IP Rights · Context
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.
Games are property of their respective owners.
Nintendo of America Inc. Headquarters are in Redmond, Washington, USA