3ds eula

Nintendo 3DS End User License Agreement

THIS IS AN IMPORTANT AGREEMENT THAT APPLIES TO YOUR USE OF THE NINTENDO 3DS SYSTEM AND NETWORK SERVICES! PLEASE SCROLL DOWN!

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Nintendo 3DS End User License Agreement

Last Updated: October 6, 2014

This is an agreement between you and Nintendo of America Inc. (together with its Affiliates, "Nintendo" or "we" or "us" or "our ") that describes your rights to use the Nintendo Network Services and the Software. When using the Network Services and Software, you must abide by this Nintendo 3DS End User License Agreement and all other applicable rules, policies, and notices that are posted on the Nintendo Website or in the Nintendo eShop (collectively, the "Agreement"). By using or accessing a Nintendo Device or the Network Services, or by agreeing to this Agreement in the user interface of a Nintendo Device, you are agreeing to be bound by the terms of this Agreement. Please read this Agreement carefully. If you do not agree to the terms of this Agreement, you may not use any of the Network Services or Software.

For the purposes of this Agreement:

"Affiliates" means entities that control, are controlled by, or are under common control with Nintendo of America Inc.;

"Content Provider" means the party that grants a license to Digital Content, which may be us, a third party application provider, or a third party game publisher;

"Digital Content" means digitized electronic content made available to you through the Network Services or that is compatible with and authorized by us for use in connection with the Network Services, such as games, videos, music, images, text, applications, and any updates, replacements, or add-on content associated with any of the foregoing;

"Network Account" means an account that you create and maintain for your use of certain Network Services that require an account as permitted herein;

"Network Services" means those services we offer to you from time to time from a Nintendo Device, a personal computer, other devices authorized by Nintendo, or online, and may include, without limitation, the Nintendo eShop, access to or delivery of Digital Content or related software, applications, support services, access to Third Party Services, and access to or use of a Network Account, or of information, data, and other materials relating to any of the foregoing, and any additional terms and conditions under which each of the foregoing are provided;

"Nintendo Device" means a Nintendo-branded device that we authorize for use with the Network Services;

"Nintendo eShop" means the shopping services we make available as part of the Network Services that may be accessed through a Nintendo Device (or through any other methods or devices that we may authorize for such access) for purchasing or otherwise acquiring a license to Digital Content and for purchasing other items that we offer from time to time;

"Nintendo Website" means our websites, including those having home pages located at www.nintendo.com and www.nintendo.net;

"Third Party Services" means the services, applications, software, and data that are made available by third parties through the Network Services;

"User Content" means text, images, audio, video, reviews or other content that you create or is licensed to you and that may be accessible and viewable by the public or other Network Service users; and

"User Manual" means the information manuals that we make available to you on your Nintendo Device and at support.nintendo.com, or that we make accessible to you through the Network Services or other methods, including any updates to those manuals that we may post from time to time.

Software License
You may use the software, content, and data that came with your Nintendo 3DS or that is compatible with and authorized for use on your Nintendo 3DS, including any updates or replacement to that software, content, or data that we or our authorized providers make available to you (collectively, the "Software") subject to the terms of this EULA. The Software is licensed, not sold, to you solely for your personal, noncommercial use on your Nintendo 3DS. You may not publish, copy, modify, reverse engineer, lease, rent, decompile, or disassemble any portion of the Software, or bypass, modify, defeat, tamper with, or circumvent any of the functions or protections of your Nintendo 3DS, unless otherwise permitted by law. The Nintendo 3DS handheld video game system and accessories, the Software, and any services available using the Nintendo 3DS (collectively, the "Nintendo 3DS System"), are constantly evolving, and we may update or change your Nintendo 3DS System, in whole or in part, without notice to you. Such updates or changes may be required for you to play new Nintendo 3DS games, enjoy new features, or continue to access Nintendo 3DS services. After your Nintendo 3DS System is updated or changed, any existing or future unauthorized modification of the hardware or software of your Nintendo 3DS System, or the use of an unauthorized device in connection with your Nintendo 3DS System, will render the system permanently unplayable. Content obtained through the unauthorized modification of the hardware or software of your Nintendo 3DS System will be removed. You agree not to use your Nintendo 3DS System in an unlawful manner or to access the systems, devices, accounts, or data of others (including Nintendo) without their (or our) consent.

Network Services
Nintendo grants you a personal, non-exclusive, non-transferable, revocable license, subject to the terms of this Agreement, to use the Network Services as permitted under this Agreement solely on a non-commercial basis. You are responsible for any fees or other charges that arise out of your use of the Network Services, such as charges associated with use of the Nintendo eShop or Third Party Services.

The Network Services may only be used within the United States, Canada, and certain other countries located in the Americas. The Network Services may not work outside of those countries. By using the Network Services outside of those countries, or by designating one of those countries as your region on a Nintendo Device or website, you are agreeing to be bound by the terms of this Agreement. Certain of the Network Services may not be available to you due to legal or technical limitations or your Nintendo Device settings. Please refer to the User Manual for more information on setting up and using the Network Services that are available to you.

The Network Services may permit you to transfer some or all of your data, information, account balances, and Digital Content between Nintendo Devices that you own, or between your Network Accounts. Please refer to the User Manual for more information on this feature.

Your Network Account.
A Network Account may be required for use of certain Network Services. You must provide complete, accurate information when creating your Network Account, and revise this information as needed to keep it up-to-date.

Parental consent is required for the creation of a Network Account and for the use of the Network Services by a child under the age of 13. Instructions for providing parental consent are provided during the Network Account setup process. Please review the Nintendo Privacy Notice, located after the end of this Agreement on a Nintendo Device, as well as on Nintendo.com, for more details regarding our privacy practices.

Your Network Account is personal to you. You may not transfer, assign, or sell your Network Account to others. You should protect your Network Account against unauthorized access or use by others, for example by keeping your Network Account password in a secure location. Please notify us immediately if you become aware of any unauthorized access or use of your Network Account. Remove any information relating to your Network Account from your Nintendo Device before selling, transferring, or sharing your Nintendo Device with others. Please refer to the User Manual for instructions on information removal.

You are responsible for ensuring that your Network Account is used, whether by you or by others, only as permitted by this Agreement. This includes use of your Network Account to access or use the Network Services. Use of your Network Account in violation of this Agreement may result in suspension or termination of your Network Account and your ability to use the Network Services, and may also result in termination of this Agreement.

You may cancel your Network Account at any time. If you cancel your Network Account, you will lose access to any data, information, or account balance that is associated with that Network Account. Please refer to the User Manual for information on how to cancel your Network Account and for more information.

User Content
You own your User Content. But by entering into this Agreement you grant to Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sublicenseable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display User Content that you post or provide in whole or in part and to incorporate your User Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.

Nintendo takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Nintendo liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of any Nintendo Device or Network Services is at your own risk. As a provider of interactive services, Nintendo is not liable for any statements, representations or User Content provided by our users.

You also consent and agree that Nintendo may access, use, monitor, disclose or preserve information associated with your use of the Network Services, including, without limitation, your personal information and User Content, or information that Nintendo acquires about you through your use of a Nintendo Device or Network Service 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 this agreement or protect the rights or property rights of Nintendo, its users, or the public; (c) to help prevent a loss of life or serious physical injury to anyone; or (d) prevent potentially illegal or offensive activities.

Shopping Services.
You may establish and maintain an account balance for purchasing items we offer and sell in the Nintendo eShop. That account balance is associated solely with your Network Account, is subject to balance and usage limits or restrictions that we may impose from time to time, and may not be transferred to third parties. That account balance may not be used to purchase items that are offered or sold by others or that are sold outside of the Nintendo eShop. Please refer to the User Manual for more information about the Nintendo eShop features.

You are responsible for any purchases, downloads, or other content acquisitions made using your Network Account in Nintendo eShop. Nintendo eShop purchases are non-refundable and non-transferable unless otherwise stated in the terms posted for a specific offer or required by law. Digital Content is licensed, not sold, from the Content Provider to you solely for your personal, non-commercial use on your Nintendo Device or as we permit through the Network Services, subject to the terms of this Agreement and any additional terms posted for that Digital Content item in Nintendo eShop and subject to your payment in full for that Digital Content. Digital Content licenses that are purchased through your Nintendo Account and downloaded to a Nintendo Device may be available for access and use through other Nintendo Accounts on that Nintendo Device.

Nintendo eShop may support other Network Services, such as services that allow you to access, view, or download Digital Content to your Nintendo Device, to review other items that may be purchased in connection with a Nintendo Device or the Network Services, to review your purchase history or, if supported on your Nintendo Device, to use points to make purchases in the Wii shop during operation in Wii compatible mode.

Third Party Services.
We are not responsible for any Third Party Services you elect to access or use, and we are not responsible for any charges or other liabilities that arise out of your use of Third Party Services. Third Party Services are not reviewed or monitored by us and are subject to separate third party terms and conditions associated with such Third Party Services. Nintendo’s Privacy Notice does not apply to Third Party Services. You access and use Third Party Services solely at your own risk.

Use of Information.
We may collect, use and disclose personal information that (a) you provide to us; (b) we collect automatically; and (c) we receive from other sources. Please refer to Nintendo’s Privacy Notice, located after the end of this Agreement on a Nintendo Device, as well as on Nintendo.com, for information on how we collect, use and disclose information from our users. The Nintendo Privacy Notice applies to all of our products, services and websites, including the Network Services. We recommend that you review Nintendo’s Privacy Notice before each use of the Network Services or a Nintendo Device or website to help you stay informed of our privacy practices.

Code of Conduct.
To help keep the Network Services friendly and safe for all users, you will not engage in any harmful, illegal, or otherwise offensive conduct, such as:

Misrepresenting, impersonating, abusing, stalking, threatening, or harassing any person or company, such as other users, us, or our employees, representatives, moderators, or contractors;

Engaging in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct in connection with a Nintendo Device or the Network Services;

Making, disseminating, sharing, or playing unauthorized copies of games, music, or images on a Nintendo Device or the Network Services; this activity is illegal!

Making new versions of Digital Content or a Nintendo Device;

Trying to modify or gain unauthorized access to another person’s Nintendo Device or Network Account or trying to modify, reverse engineer, or gain unauthorized or automated access to any of Nintendo’s computers, hardware, software, or networks used to provide the Network Services or any feature of a Nintendo Device;

Cheating in a game, unless such cheats have been deliberately enabled by the Content Provider;

Hosting, intercepting, emulating, reverse engineering, or redirecting the communication protocols used by Nintendo as part of a Nintendo Device or the Network Services, regardless of the method used to do so; or do anything that might bypass or circumvent measures employed to prevent or limit access to any area, content or code of any Nintendo Device or Network Services (except as otherwise expressly permitted by law);

Developing any third-party applications that interact with User Content and the Network Services without our prior written consent;

Engaging in any commercial activity using a Nintendo Device or the Network Services or any other activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of a Nintendo Device, the Network Services, or any Third Party Services;

Using any robot, spider, crawler, scraper or other automated means or interface not provided by us to access or extract data from any Nintendo Device or Network Services; or

Uploading, posting, emailing, transmitting, or otherwise making available: (i) any content or data that you do not have a legal right to make available; (ii) any content or data that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party; (iii) any unsolicited or unauthorized advertising or promotional materials; (iv) content or data of which you have disguised the origin; (v) viruses, corrupted data or other harmful, disruptive or destructive files (vi) content or data that contains private information of any third party, including, without limitation, names, addresses, email address or credit card information; or (vii) content or data that is obscene, is unlawful, violates this Agreement, or is prohibited from publication in your jurisdiction.

Reservation of Rights and Interests.
The Network Services are provided to you on a limited license basis, and are not sold to you. Other than your limited license to use the Network Services as expressly provided in this Agreement, we retain all right, title, and interest in and to the Network Services including, without limitation, all associated patent, copyright, and trademark rights, and all other proprietary or intellectual property rights of any kind in any country.

Disclaimer of Warranties and Limitation of Liability.
USE OF THE NETWORK SERVICES AND THE THIRD PARTY SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINTENDO OR ITS REPRESENTATIVES CREATES A WARRANTY. THE NETWORK SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. NINTENDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE NETWORK SERVICES AND THIRD PARTY SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO 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 NETWORK SERVICES OR ANY THIRD PARTY SERVICES, EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, NINTENDO’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE NETWORK SERVICES AND THE THIRD PARTY SERVICES IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE NETWORK SERVICES THAT ARE THE SUBJECT OF SUCH CLAIM. 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.

Indemnity.
If we or any of our Affiliates, licensees, licensors, or contractors are subject to any actual or threatened claims, costs, damages, losses, or other liabilities (collectively, "Covered Losses") as a result of your use of any of the Network Services, Digital Content, a Nintendo Device, or any data, information, or other item you make available through the Network Services or a Nintendo Device including User Content, then you agree to indemnify us (and our affiliates, licensees, licensors, contractors, and employees) from all such Covered Losses and any related costs, such as reasonable attorney’s fees.

Feedback.
Separate and apart from User Content, you can generally submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Nintendo and the Network Services (“Feedback”). Feedback, whether submitted through the Network Services or otherwise, is non-confidential and shall become the sole property of Nintendo. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Dispute Resolution; Binding Individual Arbitration; Class Action Waiver.
A. Our consumer service department is available to address any concerns you may have regarding your Network Account or the Network 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. Most matters are quickly resolved in this manner to our customer’s satisfaction. Any matter we are unable to resolve and all disputes or claims arising out of or relating to this Agreement, including its formation, enforceability, performance, or breach (each, a "Claim"), with the exception of the matters described in section 13(C) below, 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 (the "AAA"), 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 arbitrator’s award 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. They further understand that, 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. 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.

B. 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’s fees in certain cases.

C. Section 13(A) 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.

D. 30-Day Right to Opt Out: 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 creating your Network Account. Your notice should include your account number. 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.

General.
A. Breach; Termination; Survival. This Agreement will automatically terminate if you do not comply with this Agreement. Upon any such termination, you must immediately cease all use of the Network Services. Sections 4, 6, 7, 9, 10, 11, 13 and 14 of this Agreement will remain in effect following any such termination.

B. Changes to Network Services; Delivery of Network Services. We may modify, cancel, or suspend the availability of the Network Services in whole or in part at any time without notice to you. We may involve Affiliates or third parties in the delivery of the Network Services or in the performance of our obligations under this Agreement.

C. Enforcement; Non-waiver; Non-assignment. If any part of this Agreement is held to be invalid or unenforceable, that part will no longer apply to the parties and will be replaced by an enforceable provision that most closely reflects the original intent of the parties, but all other parts of the Agreement will remain in effect unless otherwise provided in this Agreement. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. You may not assign your rights or interests under this Agreement to any other person.

D. Governing Law. The laws of the state of Washington, U.S.A., without regard to its conflict of laws provisions, will govern this Agreement and any dispute of any sort that might arise between you and Nintendo.

E. Venue. If Section 13 is held to be invalid or unenforceable, then for any Claims the parties consent to the exclusive jurisdiction of the courts located in King County, Washington, U.S.A.

F. No Third-Party Beneficiaries. This Agreement is for the benefit of, and will be enforceable by, the parties only, and is not intended to confer any right or benefit on any third party or to create any obligations to any such third party.

G. Changes to Terms. We may change the terms of this Agreement at any time without notice. A current version of this Agreement, including any changes, is posted at support.nintendo.com for your convenience. If you do not agree to any changes to this Agreement, you must cancel your Network Account and discontinue use of the Network Services.

H. Notices. To contact our consumer service department regarding this Agreement, you may (i) send an email to useragreement@noa.nintendo.com; (ii) send a letter to Nintendo of America Inc., Attn: User Agreement, 4600 150th Ave NE, Redmond, WA 98052 USA; or (iii) call, toll free. 1-888-977-7627. Your communications with our consumer service department will not constitute legal notice where required by the Agreement or by law.

For all other legal matters, you must contact or notify us in writing at: Nintendo of America Inc., Attn: General Counsel, 4600 150th Ave NE, Redmond, WA 98052.

We may notify you regarding this Agreement by: (i) email at the address associated with your Network Account; or (ii) through posted messages in the Nintendo eShop, the Nintendo Website, or other locations that we specify to you from time to time. These notices will be effective as of the date of delivery or posting. Please be sure to keep the email address associated with your Network Account up-to-date.

I. Notices and Procedure for Making Claims of Copyright Infringement. Nintendo respects the intellectual property of others and we ask users of Nintendo products and services to do the same. If you feel that your intellectual property rights have been infringed, please visit www.nintendo.com/ippolicy to read our full policy and to submit a takedown request.