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TERMS OF USE AGREEMENT (cont.)
SUBMISSIONS
All User Content posted on, transmitted through, or linked from the Service, whether or not solicited by Nintendo (collectively, “Submissions”), is the
soleresponsibilityofthepersonfromwhomsuchSubmissionsoriginated.Nintendoisnotobligated:(a)tomaintainanySubmissionsincondence;
(b)tostoreormaintaintheSubmissions,electronicallyorotherwise,(c)topayanycompensationforanySubmissionsoranyusethereof;or(d)to
respond to any user in connection with or to use any Submissions. Nintendo shall not be liable for any use or disclosure of any Submissions.
DISCLAIMER OF WARANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
THE SERVICE AND THE NINTENDO CONTENT, USER CONTENT, DATA OR SOFTWARE AVAILABLE THROUGH IT (COLLECTIVELY, THE “CONTENT”) ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE, INCLUDING ALL CONTENT, DISTRIBUTED BY, DOWNLOADED OR ACCESSED
FROM OR THROUGH IT, IS AT YOUR SOLE RISK AND NINTENDO ASSUMES NO RESPONSIBILITY FOR THE CONTENT OR YOUR USE OR INABILITY TO
USE ANY OF THE FOREGOING. WE DO NOT GUARANTEE THE CONTENT ACCESSIBLE OR TRANSMITTED THROUGH, OR AVAILABLE FOR DOWNLOAD
FROM THE SERVICE WILL REMAIN CONFIDENTIAL OR IS OR WILL REMAIN FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE
THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NINTENDO
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND ALL CONTENT AVAILABLE THROUGH
THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
NINTENDO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS,
NONDELIVERIES OF CONTENT, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR
SERVICEINTERRUPTIONSCAUSEDBYTHENEGLIGENCEOFNINTENDOORAUSER’SOWNERRORSAND/OROMISSIONSEXCEPTASSPECIFICALLY
PROVIDED HEREIN. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DS OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY CONTENT.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL NINTENDO OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE
INABILITY TO USE THE SERVICE OR ANY CONTENT CONTAINED THEREON, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR CONTENT THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR USE OR OTHER
INTANGIBLES, EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Nintendo and its service providers from and against all liabilities, losses, expenses, damages and
costs,includingreasonableattorneys’fees,arisingfrom:(1)anyviolationofthisAgreementbyyou;(2)yourviolationofanyrightsofathirdparty;
(3)yourviolationofanyapplicablelaworregulation;(4)informationorcontentthatyousubmit,post,transmitormakeavailablethroughtheService,
or (5) your use of the Service or the DS.
TERMS OF USE AGREEMENT (cont.)
ACCESS TO THIRD PARTY CONTENT
Through your access to the Service, you may obtain, or third parties may provide, access to other World Wide Web resources where you may be able to
upload or download content, data or software. Because Nintendo has no control over such sites and resources, we explicitly disclaim any responsibility
for the accuracy, content, or availability of information found on such sites or through such resources. We do not make any representations or
warranties as to the security of any information (including, without limitation, credit card and other Personal Information) you may provide to any third
party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content.
FRIEND ROSTER
As part of the Service, Nintendo may provide you with access to and use of a friend roster where you may store user IDs provided to you by others
(“FriendRoster”).WecannotanddonotrepresentthesecurityofthecontentsofsuchFriendRosterfromunauthorizedthirdparties.Transferor
disposalofyourDS,orfailuretosafeguardyourDSfromlossormisuse,mayleadtounauthorizedaccesstoanduseofyourFriendRoster.Inaddition,
unauthorizedpersonsmaygainaccesstooneormoreFriendRostersthatcontainyourinformationwithoutyourknowledge.Nintendowillnotmonitor
use of or access to individual Friend Rosters and it is your responsibility to monitor your interactions with other users of the Service.
PRIVACY
Nintendo cares about the privacy of its users. By using the Service you agree to our Privacy Policy which is available at www.nintendo.com/privacy.
DISCLAIMER OF RESPONSIBILITY FOR USER CONTENT AND SUBMISSIONS
We have the right, but are not obligated, to strictly enforce this Agreement through self-help, active investigation, litigation and prosecution. Nintendo
does not warrant, verify or guarantee, and is not liable for, the quality, accuracy or integrity of any User Content or Submissions that you may access.
However, we reserve the right to, at our sole discretion, remove, take down, destroy or delete any User Content or Submissions at any time and for
any reason. We may access, use and disclose any Submissions or User Content transmitted by you via or in connection with the Service, to the extent
permittedbylaw,inordertocomplywiththelaw(e.g.,alawfulsubpoena);toprotectourrightsorproperty,ortoprotectusersoftheServicefrom
fraudulent, abusive, or unlawful use of the Service. Any use of the Service in violation of the foregoing is in violation of these terms and may result in,
among other things, the termination or suspension of your rights to use the Service.
GENERAL
This Agreement constitutes the entire agreement between you and Nintendo and governs your use of the Service, superseding any prior agreements
between you and Nintendo with respect to use of the Service. You also may be subject to additional terms and conditions that may apply when you use
afliateservices,third-partycontentorthird-partysoftware.Nintendo’sfailuretoexerciseorenforceanyrightorprovisionofthisAgreementshall
not constitute a waiver of such right or provision. By using the Service, you agree that the laws of the State of Washington, without regard to principles
of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Nintendo. If any of the terms of this
Agreement shall be deemed invalid, void or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and
enforceability of any remaining terms. Nintendo may terminate this Agreement, or terminate or suspend your access to the Service at any time, with or
without cause, with or without notice.
CONTACT US:
NintendoofAmericaOnlinePrivacyAdministrator,4820150thAveNE,Redmond,WA98052orvisitwww.nintendowi.com.
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