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All User Content posted on, transmitted through, or linked from the Service, whether or not solicited by Nintendo (collectively,
“Submissions”), is the sole responsibility of the person from whom such Submissions originated. Nintendo is not obligated: (a) to maintain
any Submissions in confidence; (b) to store or maintain the Submissions, electronically or otherwise, (c) to pay any compensation for any
Submissions or any use thereof; 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 Warranty; 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 SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF NINTENDO OR A USER’S OWN ERRORS AND/OR
OMISSIONS EXCEPT AS SPECIFICALLY 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, including reasonable attorneys’ fees, arising from: (1) any violation of this Agreement by you; (2) your violation
of any rights of a third party; (3) your violation of any applicable law or regulation; (4) information or content that you submit, post,
transmit or make available through the Service, or (5) your use of the Service or the DS.
The Nintendo DS System (“DS”) comes equipped with the ability for wireless game play through the use of the Nintendo Wi-Fi Connection
service and access to the Internet through the use of the Nintendo DS Browser, which must be purchased separately, (collectively the
“Service”). Such Service is provided by Nintendo of America Inc., together with its subsidiaries, affiliates, agents, licensors and licensees
(collectively, “Nintendo,” and sometimes referenced herein by “we” or “our”). Nintendo provides the Service to you subject to the terms of
use set forth in this agreement (“Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE AND/OR DS. BY USING THE SERVICE AND/OR DS, YOU ARE
AGREEING TO BE BOUND BY THIS AGREEMENT.
The terms of use contained in this Agreement shall apply to you until you no longer use or access the Service, or until your use of
the Service is terminated. If at any time you no longer agree to abide by these or any future terms of use, your only recourse is to
immediately cease use of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this
Agreement and to discontinue or modify the Service at any time without further notice. Your continued use of the Service after any such
changes, constitutes your acceptance of the new terms of use. It is your responsibility to regularly review this Agreement. You can review
the most current version of this Agreement at any time by visiting www.NintendoWiFi.com/terms.
User Conduct
It is important that you do your part to keep the Service a friendly and clean environment. In particular, you may not use the Service to:
• Upload, transmit, or otherwise make available any content that is unlawful, harmful, harassing, or otherwise objectionable;
• harm minors in any way;
• misrepresent your identity or impersonate any person, including the use or attempt to use another’s user ID, service or system;
• manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
• upload, post, email, transmit or otherwise make available: (a) any content that you do not have a legal right to make available;
(b) any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (c) any
unsolicited or unauthorized advertising or promotional materials (e.g. “spam”); or (d) any material that contains software viruses
or similar code or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment.
• use any portion of the Service for any unlawful purpose;
• engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the
Services or networks connected to the Service; or
• undertake any other act that we determine to be harmful or disruptive to Nintendo, the Service, any user, or any other third party, as
set forth in a revised version of this Agreement.
Further, you agree not to post, reveal or otherwise make available any personal information, such as your real name, birth date, age,
location, e-mail address or any other personally identifiable information (“Personal Information”), on or through the Service, as any
Personal Information provided by you may be visible to others.
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