the document or policy you would like to view.
Nintendo is dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect.
Please choose from the topics on the left.
Please choose from the documents on the left.
Please choose from the documents on the left.
Please choose from the topics on the left.
Please choose from the topics on the left.
Please choose from the topics on the left.
Please choose from the topics on the left.
Please choose from the topics on the left.
This is an agreement between you and Nintendo of America Inc. (together with its affiliates "Nintendo" or "we" or "our") and provides important information about your Wii U. Please read this agreement carefully before using your Wii U. By using your Wii U, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you may return your Wii U for a refund in accordance with the applicable return policy.
- Software License.
- Your Data.
- Reservation of Rights.
- Termination.
- Disclaimer of Warranties and Limitation of Liability.
- Dispute Resolution; Binding Individual Arbitration; Class Action Waiver.
- Our consumer services department is available to address any concerns you may have regarding your Wii U System. 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 6(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 6 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.
- 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.
- Section 6(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.
- 30-Day Right to Opt Out: You have the right to opt out of the provisions of this Section 6 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 purchasing your Wii U. Your notice should include the serial number and, if applicable, purchase receipt for your Wii U. If you send this notice, then Section 6 will not apply to either party. If you do not send this notice, then you agree to be bound by this Section 6.
- Enforcement.
You may use the software, content, and data that came with your Wii U or that is compatible with and authorized for use on your Wii U, 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 Section. The Software is licensed, not sold, to you solely for your personal, noncommercial use on your Wii U. 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 Wii U, unless otherwise permitted by law. The Wii U console and accessories, the Software, and any services available using the Wii U (collectively, the "Wii U System"), are constantly evolving, and we may update or change your Wii U System, in whole or in part, without notice to you. Such updates or changes may be required for you to play new Wii U games, enjoy new features, or continue to access Wii U services. After your Wii U System is updated or changed, any existing or future unauthorized modification of the hardware or software of your Wii U System, or the use of an unauthorized device in connection with your Wii U System, will render the system permanently unplayable. Content obtained through the unauthorized modification of the hardware or software of your Wii U System will be removed. You agree not to use your Wii U System in an unlawful manner or to access the systems, devices, accounts, or data of others (including Nintendo) without their (or our) consent.
We may collect and use any personal information you provide as well as any anonymous or aggregate data on your Wii U System for our legitimate business purposes and as required by law.
Neither the sale, transfer, license, nor the use of your Wii U System transfers any title or ownership of any of our intellectual property rights. We reserve all rights that we have not expressly granted in this agreement.
Your rights under this agreement will immediately terminate if you do not comply with any term of this agreement. At the time of any termination of this agreement, you will immediately cease all use of the Software. Our failure to insist upon or enforce your strict compliance with this agreement will not constitute a waiver of any of our rights.
USE OF YOUR Wii U SYSTEM IS AT YOUR SOLE RISK. NINTENDO IS NOT RESPONSIBLE FOR ANY NON-NINTENDO SITES, SERVICES, APPLICATIONS, CONTENT, DATA, MESSAGES, OR OTHER ITEMS THAT YOU ACCESS, USE, OR SHARE VIA YOUR Wii U SYSTEM. EXCEPT FOR ANY LIMITED WARRANTY THAT APPLIES TO YOUR Wii U SYSTEM, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINTENDO OR ITS REPRESENTATIVES CREATES A WARRANTY, THE Wii U SYSTEM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND NINTENDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE Wii U SYSTEM, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, 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 Wii U SYSTEM, 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 Wii U SYSTEM IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR YOUR Wii U. 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.
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. If Section 6 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.
THIS IS AN IMPORTANT AGREEMENT THAT APPLIES TO YOUR USE OF NETWORK SERVICES! PLEASE SCROLL DOWN!
If you are under the age of 18, STOP!
You must get your parent or legal guardian to read and accept this agreement.
Nintendo Network Services Agreement
Last Updated: November 18, 2012
This is an agreement between you and Nintendo of America Inc. (together with its Affiliates "Nintendo" or "we" or "us" or "our"). Please carefully read this agreement, the privacy policy posted below (the "Privacy Policy"), and other applicable rules, policies, and notices that are posted on the Nintendo Website or the Nintendo eShop (collectively, the "Agreement") before creating a Network Account or using any of the Network Services. By creating a Network Account or using the Network Services, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not create a Network Account and do not use any of the Network Services.
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 the Network Services as permitted herein;
"Network Services" means those services we offer to you from time to time, including 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 other devices that we may authorize for such access) for purchasing a license to Digital Content and for purchasing other items that we offer from time to time;
"Nintendo Website" means our websites 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; 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, including any updates to those manuals that we may post from time to time.
- Network Services
- Your Network Account.
- Shopping Services.
- Third Party Services.
- Use of Information.
- Code of Conduct.
- 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;
- 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; 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; or (v) content or data that is obscene, is unlawful, violates this Agreement, or is prohibited from publication in your jurisdiction.
- Reservation of Rights and Interests.
- Disclaimer of Warranties and Limitation of Liability.
- Indemnity.
- Dispute Resolution; Binding Individual Arbitration; Class Action Waiver.
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 10(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 10 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.
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.
Section 10(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.
30-Day Right to Opt Out: You have the right to opt out of the provisions of this Section 10 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 10 will not apply to either party. If you do not send this notice, then you agree to be bound by this Section 10.
- General.
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, 5, 7, 8, 9, 10, and 11 of this Agreement will remain in effect following any such termination.
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.
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.
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.
Venue. If Section 10 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.
Changes to Terms. We may change the terms of this Agreement at any time. A current version of this Agreement, including any changes, is posted at support.nintendo.com. If you do not agree to any changes to this Agreement, you must cancel your Network Account and discontinue use of the Network Services.
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.
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.
Nintendo grants you a personal, non-exclusive, non-transferable, revocable license, subject to the terms of this Agreement, to use the Network Services solely on a Nintendo Device or otherwise as permitted as part of the Network Services and 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. 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 permit you to share information and data with third parties, such as other users of the Network Services. You should never share sensitive, restricted, or private information or data with others using the Network Services. You may find some of the information or data you receive from third parties to be inaccurate, inappropriate, or offensive. Data or information that you share may be changed or broadly distributed by others. You share information with others using the Network Services at your sole risk. If you are concerned about the risks associated with using the Network Services, please refer to the User Manual on options for restricting or disabling use of the Network Services. While we are not obligated to do so, we may, without further notice to you, (i) monitor or supervise the information or data that you share others using the Network Services and (ii) remove any such information that we find to violate this Agreement.
The Network Services and Nintendo Devices are directed to a general audience, but if we have actual knowledge that a user is under the age of 13 (a "Child"), we comply with the U.S. Children’s Online Privacy Protection Act ("COPPA"), which governs how operators of websites and online services collect, use, and disclose personal information from a Child on the Internet.
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 and limitations on its use.
If your use of a Nintendo Device is subject to an End User License Agreement ("EULA"), then that EULA also applies to your use of the Network Services via that Nintendo Device. The EULA may be accessed in the "Settings" section of your Nintendo Device or on the Nintendo Website. In the event of any conflict between this Agreement and the EULA, this Agreement will govern.
A Network Account is required for use of the Network Services. 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. Instructions for providing parental consent are provided during the Network Account setup process. Please review the Privacy Policy for more details.
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 the Network Account identifier that is assigned to you and 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, solely 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.
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 that we may impose from time to time, and may not be transferred to other accounts or 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 on how to create and use that account balance and for other payment methods that may be available to you.
You are responsible for any purchases 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 through the Nintendo eShop, 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.
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. The Privacy Policy does not apply to Third Party Services. You access and use Third Party Services solely at your own risk.
We may collect and use any information that you provide as well as any aggregate or anonymous information associated with your Nintendo Device, your Network Account, or your use of the Network Services as permitted under our Network Services Privacy Policy. This includes information that can be used to identify you. This information may be compromised if you use unauthorized applications or unauthorized content in connection with the Network Services or a Nintendo Device, or if you make unauthorized modifications to the Network Services or your Nintendo Device. We are not responsible for any information collection, use, or disclosure that may result from such unauthorized activities, and we are not responsible for the security of Nintendo Devices that contain unauthorized applications or content. Do not use the Network Services to share information of others without their prior consent. We recommend that you review the Privacy Policy before each use of the Network Services or a Nintendo Device to help you stay informed of our privacy practices.
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:
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.
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, 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. 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.
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, 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.
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.
Wii U Network Services Privacy Policy
Last Updated: November 18, 2012
Nintendo of America Inc. (together with its affiliates "Nintendo" or "we" or "our") knows that Nintendo users care about how their information is used and shared. This document sets forth our policies and practices ("Privacy Policy"), and describes, among other things:
- The types of information we collect about you when you use the Network Services or a Nintendo Device;
- How your information may be used and when it may be disclosed;
- How you can control the use and disclosure of your information; and
- How your information is protected.
This Privacy Policy applies only to information we collect through your using the Network Services, using a Nintendo Device, or linking your Club Nintendo account to your Network Account. Information that you may submit to us through any of our websites or any other products or services is subject to the applicable privacy policy posted at support.nintendo.com. All capitalized terms not defined in this Privacy Policy have the meaning set forth in the Network Services Agreement, a copy of which is posted at support.nintendo.com.
- COLLECTION OF INFORMATION
- Contact information, including full name, address, telephone number, and email address;
- Mii profile information;
- Demographic information, including age, gender, and country of residence;
- Search queries;
- Payment information, including credit card number, expiration date, and credit card security code, where needed to complete a transaction;
- Messages and information shared through interactive features;
- Correspondence you send to us; and
- Information collected about you offline (including via mail or an in person sweepstakes entrance form).
- Identifiers, including your Internet Protocol (IP) address, Nintendo Device serial number and device ID, cookies, Friend Codes, and Media Access Control ("MAC") address; and
- Game play data, online status, wireless access point information, device certificate information, and other information about your interactions with content and features.
- Demographic data, including age and gender;
- Navigation data, including websites visited and advertisements viewed or clicked on; and
- Consumer service transactions or data of purchase information.
- Web Beacons: The Network Services or a Nintendo Device may use a common Internet technology called "Web Beacons" which are small graphic images placed on a Web page, on a Web-based document, or in an email message, designed to collect certain information and monitor user activity online. We may use Web Beacons to collect information including IP address, MAC address, the URL of the page the Web user comes from, and the time the Web Beacon is activated (including when you view the Web page, advertisement, or email containing the Web Beacon). We may use the information collected through Web Beacons, for example, to determine how to improve the Network Services or a Nintendo Device by identifying popular areas, features, and products; to personalize a Nintendo Device or the Network Services and make recommendations based on downloaded products; and to complete transactions you have requested.
- Cookies: Certain Network Services may use cookies, which are small text files that a website places on your Nintendo Device. These files identify your Nintendo Device and record data about your visit so that when you return to a website, the site recognizes your Nintendo Device and can personalize your visit. Cookies may be linked to your transaction history, online game play or other information. We may use information collected by cookies, as well as other tools, including log files and Web Beacons, for example, to determine how to improve certain Network Services or Nintendo Devices by identifying popular areas, features, and products; to personalize a Nintendo Device or the Network Services; make recommendations; and to complete transactions you have requested.
- Nintendo Internet Communications: Your Nintendo Device is automatically assigned an IP address by your Internet Provider when you use the Network Services to connect to our systems via Internet communications. We receive a log file of your activities that may include, for example, your IP address, MAC address, cookie information, transaction data, settings, and download activity. We may use these log files, for example, to monitor traffic on our websites, to facilitate your use of Network Services or a Nintendo Device, and to troubleshoot technical problems. If you do not want Nintendo to collect this information, do not use the Network Services.
- USE OF INFORMATION
- DISCLOSURE OF INFORMATION
- Interactive Games and Features. We may share information, including your Mii name, Mii profile information, online status, Mii greeting, and other user or game play information to other users when you use the online features of the Network Services or a Nintendo Device.
- Third Parties. We may share information with our vendors and third party service providers to help us perform various functions necessary to operate our business or fulfill your requests (for example, completing downloads or purchases, developing and executing marketing campaigns). We also may share such information and any user information you create with third parties to, for example, complete your transactions, provide you with advertising and other promotional materials, and create user accounts with such third parties through the Network Services.
- Friends. You may add Friends to your Friend list. Through the Friend list and Friend messaging features, certain information that you have provided or that is stored on your Nintendo Device, including your Mii name, Mii profile information, Mii greeting, online status, rankings, and other user or game play information, may be shared with your Friends.
- Legal and Business Purposes. We may disclose information in order to comply with legal process, to respond to claims or inquiries, or to protect the rights, property or personal safety of Nintendo, our users, or the public. Information about our users may be disclosed as part of any sale or transfer of company assets, if legally permitted.
- We also may disclose your information for any other purposes pursuant to your consent or at your direction.
- LINKING ACCOUNTS
- THIRD-PARTIES
- ATTENTION PARENTS OR LEGAL GUARDIANS: PROTECTING CHILDREN’S PRIVACY
- SECURITY
- OPTING-OUT OF INFORMATION COLLECTION
- DISABLING AND REMOVING INFORMATION STORED ON YOUR NINTENDO DEVICE
- INTERNATIONAL USERS
- CHANGES TO THE PRIVACY POLICY
- CONTACT US WITH YOUR PRIVACY QUESTIONS, COMMENTS OR CONCERNS
Information you provide directly to us. You may directly provide us with information when you create a Nintendo Account, access various content or features when you use the Network Services or a Nintendo Device, or contact us directly. Some types of information you may provide include:
Information we collect automatically. We may collect certain information automatically when you use the Network Services or a Nintendo Device, including:
Information we obtain from other sources. We may receive information about you from other sources, including through third-party services and retailers. Some examples of information we may collect from other sources, include:
Please note that we may add to or update the information you provide through the Network Services or a Nintendo Device. We also may combine your information with information about other users, including game play, age, gender, search terms, clickstreams, and purchases, and use this combined data in an aggregate format.
We may use web beacons, cookies, and Nintendo Wireless Communications to collect some of the information described above.
We may use information that we collect from you through your Nintendo Device or your use of Network Services in order for us or our third party partners to: (i) fulfill your requests for products, services, and information, including to send you commercial and non-commercial messages and to process orders you have placed using the Network Services; (ii) contact you in connection with games, including for marketing and promotional purposes; (iii) facilitate your use of the Network Services or a Nintendo Device, including, for example, to create a Nintendo Account or communicate with other users; (iv) make recommendations and customize the content, features, and advertising available through the Network Services or a Nintendo Device including your Nintendo eShop catalog and other catalogs; (v) set up repair orders and respond to other consumer service inquiries; (vi) provide you back-end services, including system updates, system messages, and free games, applications, trials, and content; (vii) analyze and facilitate the use of the Network Services and information about our users for demographic studies, quality assurance, and to understand, improve, and develop our games and service offerings; (viii) prevent potentially illegal or offensive activities or to enforce our rights or the rights of our users; (ix) verify your identity and prevent fraudulent transactions; and (x) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
We may disclose information that we collect from you when you use the Network Services or a Nintendo Device. For example:
You are responsible for any user information or other information that you share through Network Services or a Nintendo Device. Please be aware that other users may be able to store, modify, or share with third parties information that you provide them.
We may offer one or more loyalty accounts, including Club Nintendo, to receive personalized content and to participate in a variety of activities, promotions and programs. By linking your loyalty account to your Network Account, you consent to having this Privacy Policy apply to any information you provide through your loyalty account linked to your Network Account. You may unlink these accounts in the Settings section of the Nintendo eShop.
You may disclose your information to third parties when you use the Network Services or a Nintendo Device to play third-party games, use third-party applications, view third-party advertisements, or visit third-party websites. We are not responsible for the privacy practices of these third parties, and we recommend that you review their privacy policies before submitting any information.
In the event you visit a third party’s website through the Internet browser on your Nintendo Device, or you choose to view an ad delivered by a third party through Network Services, those websites or ads may also contain tools, including cookies and Web Beacons, which may be accessible to such third party to collect information about your online browsing. These third parties also may use ad networks, ad servers, ad exchanges, or other third parties that may collect information when you view or interact with advertisements or websites across the Internet in an effort to understand your interests and deliver you advertisements tailored to your interests. Nintendo does not have access to the information these third parties may collect about your interests to deliver relevant advertising to you, is not responsible for third party tracking technologies, and the information practices of these third parties are not covered by this Privacy Policy.
The Network Services and Nintendo Devices are directed to a general audience, but if we have actual knowledge that a user is under the age of 13, we comply with the U.S. Children’s Online Privacy Protection Act ("COPPA"), which governs how operators of websites and online services collect, use, and disclose personal information from children under the age of 13 on the Internet.
You can find information about how we collect, use, and disclose personal information from users, including children under 13 years of age, in the sections above titled COLLECTION OF INFORMATION, USE OF INFORMATION, DISCLOSURE OF INFORMATION. You have the option of consenting to Nintendo’s collection and use of your child’s personal information without consenting to the disclosure of that information with third parties. In addition, Nintendo is prohibited from conditioning your child’s participation in an activity on the child’s disclosing more personal information than is reasonably necessary to participate in such activity.
You may review and have deleted your child’s personal information, and refuse to permit further collection or use of your child’s personal information, by contacting the Nintendo Device Privacy Policy Administrator via email at privacypolicy@noa.nintendo.com, by phone at 1-888-977-7627, or by regular mail at Nintendo of America Inc., Attn: Online Privacy Policy Administrator, 4600 150th Avenue NE, Redmond, WA 98052, U.S.A. Before responding to your request to review personal information collected from your child, Nintendo may require that you follow reasonable procedures to help verify your identity as the child’s parent and may deny any request that fails to follow these procedures. If you choose to have your child’s personal information deleted or refuse to permit further collection or use of your child’s personal information, certain features or services within the Network Services or a Nintendo Device may be limited or unavailable.
Please note that third-party game publishers, application providers, and content providers may collect, use, and disclose your child’s personal information through the Network Services or a Nintendo Device when your child uses the third-party’s services or content. Nintendo is not responsible for the privacy practices of these third parties, and we recommend that you review their privacy notices before your child provides or exchanges any personal information through third-party services or content.
We strongly recommend that you supervise your children’s use of the Network Services and Nintendo Devices at all times. You can restrict your children’s use of certain features of the Network Services and Nintendo Devices by setting up the Parental Controls on your Nintendo Device. For a detailed description of these features and Parental Controls, please see the User Manual.
Nintendo uses reasonable measures to help protect user information from loss, theft, misuse, and unauthorized access, disclosure, alteration and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.
You may use a Nintendo Device without providing us information directly; however, some features and applications may not be available to you. You can opt-out of the collection of information by not using the Network Services. You also may be able to opt-out of some types of information collection through the Nintendo Device settings, Parental Controls or other opt-out mechanisms we make available.
Certain information about you that you disclose when communicating with third parties or using Network Services or your Nintendo Device may be stored on your Nintendo Device. For your protection, before selling, transferring, or otherwise disposing of your Nintendo Device, please be sure to remove all stored information on your Nintendo Device, including any accessories. For instructions on how to remove this information, please see the Internet Setup section of your User Manual or visit support.nintendo.com.
If you transfer data to a Nintendo Device using the System Transfer or Transfer Tool features, any information included in such data will be transferred as part of this process.
Any information you provide or that is collected through the Network Services or a Nintendo Device may be stored, processed, and transferred in the United States or any other country in which we or our affiliated companies, vendors or agents maintain facilities. As such, information may be accessed by foreign governmental authorities and otherwise in accordance with applicable laws. By using the Network Services or a Nintendo Device you consent to such storage, processing, and transferring. We abide by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. However, this Privacy Policy is intended to meet the laws and requirements of the United States and those of Canada and Latin America, which may not be the same as the laws and regulations of your home country. If you are not located in the United States, Canada or Latin America please select the appropriate country on your Nintendo Device so that you will be aware of the policies that apply to you.
We may update this Privacy Policy from time to time. When we update this Privacy Policy, we will revise the "Last Updated" date above. Updates will be posted at support.nintendo.com. We recommend that you review the Privacy Policy each time you use the Network Services or a Nintendo Device to help you stay informed of our privacy practices.
If you have any questions, complaints or comments regarding this Privacy Policy, the data collected from you, or our practices, please contact the Network Services Privacy Policy Administrator via email at privacypolicy@noa.nintendo.com, by phone at 1-888-977-7627, or by regular mail at Nintendo of America Inc., Attn: Online Privacy Policy Administrator, 4600 150th Avenue NE, Redmond, WA 98052, U.S.A.
For U.S. and Canada residents only: Nintendo is a licensee of the Entertainment Software Rating Board’s Privacy Online Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy/contact.jsp, ESRB Attn: Privacy Online Program, 317 Madison Avenue, 22nd Floor New York, NY 10017, U.S.A. or email privacy@esrb.org.
Miiverse Code of Conduct
Last Updated: January 31, 2013
- Personal information includes but is not limited to your e-mail address, home address, work or school name, and phone number. Never use Miiverse as a means of setting up real-world meet-ups.
- Violent content includes anything that depicts violence, promotes suicide, endorses acts of cruelty or violence.
- Inappropriate or harmful content includes anything that promotes dangerous behavior or illegal activities.
- This includes any content that slanders, defames, or misrepresents another person, as well as any discriminatory, harassing, or abusive content.
- This includes any post containing commercial or marketing content, as well as any attempts to sway public opinion for the purpose of financial gain.
- Sexually explicit content includes anything containing nudity, sexuality, or propositions.
- Intentionally misreporting a post for violating the Miiverse Code of Conduct is itself a violation of the Miiverse Code of Conduct.
- Content that infringes on the copyrights, intellectual-property rights, usage of likeness, or privacy rights of any third party
- Religious or political content
- Content that disrupts the community (multi-posts, etc.)
- Content soliciting donations or participation in fundraisers or demonstrations
- Soliciting people to enter their Nintendo Network IDs on friend lists, publishing Nintendo 3DS or other friend codes in communities, soliciting people to make public their friend codes, using other methods besides friend requests to try and establish relationships in communities. (This does not include making public the community code of a community you created.) The posting of Nintendo 3DS or other systems' friend codes, usernames, or other unique IDs
- Any conduct that violates the Nintendo Network Services Agreement
1 Miiverse Manners
The following are some important guidelines for making Miiverse a fun and enjoyable experience for everyone. The Miiverse Code of Conduct contains detailed information, so please read it carefully.
1.1 Posts Can Be Viewed Around the World
Miiverse contains many gaming communities where people from all over the world can share their thoughts.
When you post in a community, remember that everyone can see it, so please express yourself in a way that everyone can enjoy. Use common sense, and think before you post.
Additionally, any comments you make on your friends' posts will be seen not by just your friends but by people around the world, too. Please keep this in mind.
1.2 Be Nice to One Another
In order to keep Miiverse a fun place for everyone, we ask that you be considerate to other users.
Help us keep Miiverse an enjoyable experience by not posting anything inappropriate or offensive.
1.3 Do Not Post Personal Information—Yours or Others'
Remember, knowing someone in Miiverse isn't the same as knowing them in real life.
Never share your e-mail address, home address, work or school name, or other personally identifying information with anyone on Miiverse, and never share anyone else's information either.
Additionally, if someone you meet in Miiverse invites you to meet him or her in the real world, do not accept. Miiverse is an online community and should not be used to arrange real-world meet-ups.
1.4 Don't Post Spoilers
Some people come to Miiverse looking for tips and tricks for games, but others want to discover a game's secrets all on their own. Posts that reveal secrets of a game or its story are called "spoilers."
If you're posting something about a game that might be a spoiler, be sure to check the Spoilers box before sending your post. This way, people who don't want to be spoiled won't see your post.
1.5 Users Aged 12 and Under
For the protection of younger users, direct friend requests are not possible in Miiverse for users aged 12 and under. At the same time, younger users can make friends on Wii U outside Miiverse by entering each other's Nintendo Network IDs in the friend list on the Wii U Menu.
We encourage younger users to make friends on Wii U only if they are friends in real life (such as friends from the same school or neighborhood). Therefore, do not attempt to exchange your Nintendo Network ID with other users on Miiverse.
Additionally, do not attempt to exchange Nintendo 3DS or other friend codes.
1.6 Code of Conduct Violations
Our goal is to keep Miiverse fun and enjoyable for everyone. In the event that someone violates the Miiverse Code of Conduct, we will take appropriate action, up to and including blocking the offending user or console.
2 A Few Reminders
Please keep the following considerations in mind before posting on Miiverse.
2.1 By Gamers, About Games
Miiverse is a gaming community that allows people from around the world to interact and discuss the games they love.
In communities dedicated to a specific game, please stay on topic, and only make posts relevant to that community and that contribute to the overall discussion. When someone posts on an unrelated topic, it may detract from users who want to discuss the game.
In addition, please refrain from making posts that other users may find irritating, such as those asking for friend requests or asking people to Yeah! your posts.
2.2 Respect Other People's Work
You can post handwritten illustrations in Miiverse.
Because you can make handwritten posts, you can also make sketches. Please post only your original works or works to for which you have been given permission to use.
As long as you follow the Miiverse Code of Conduct, you can use Nintendo's copyrighted works within Miiverse.
2.3 Violation Types
The following is a brief overview of the content prohibited by the Miiverse Code of Conduct:
Personal Information
Violent Content
Inappropriate/Harmful
Hateful/Bullying
Advertising
Sexually Explicit
Inappropriate Reporting
Other
Additional kinds of violation include intentionally posting the following:
2.4 Consequences of Inappropriate Behavior
Users who violate the Miiverse Code of Conduct may find their posts deleted and their access to Miiverse blocked.
If you see content that If presents a credible risk to your or another's safety, please contact law enforcement. If contacted by law enforcement, Nintendo will work with them directly on their investigation.
2.5 Reuse of Posted Content
Your posts and comments may appear within games and may be modified to appear in those games.
For example, only a portion of a post might be used, the poster's name might be obscured, or a specific word might be left out.
This is because posts sent to Miiverse will be used to make games more fun, and will be aligned in keeping with the game's world feel or design. Thank you for your understanding.
2.6 The Use of Messages and Content on Miiverse
Nintendo may use your publicly available posts, comments, drawings, and other contributions to Miiverse as set forth in the Nintendo Network Services Agreement.
2.7 Disclaimers and User Responsibilities
Each Miiverse user is responsible for understanding and complying with the Miiverse Code of Conduct.
3 Frequently Asked Questions (FAQ)
If you have any questions while using Miiverse, this is the first place to check for an answer.
3.1 I saw a post or comment that violates the Miiverse Code of Conduct. What should I do?
If you encounter a post or comment that violates the Miiverse Code of Conduct, please report the violation using the Miiverse reporting function.
Reported violations will be reviewed by a Nintendo moderator. Any post that violates the Miiverse Code of Conduct will be removed.
Please note: False reporting is a violation of the Miiverse Code of Conduct and is subject to action up to and including loss of Miiverse access.
3.2 I received a comment or message that is offensive, threatening, or upsetting.
Harassment of any kind, including slander, defamation of another user, disclosure of personal information, or invasion of privacy, is a violation of the Miiverse Code of Conduct. Even in messages between friends, such exchanges violate of the Miiverse Code of Conduct.
Please report any posts or messages that violate the Miiverse Code of Conduct. If you are experiencing harassment, please use the Report function on the offending user's profile screen.
Furthermore, if you do not want to receive comments or friend requests by messages from a particular user, you may use the Block function on the user's profile screen.
3.3 I saw a comment with a spoiler in it, even though it wasn't marked as having spoilers.
It's up to users to mark their posts for having spoilers. However, if someone forgets to do this, you can help by hitting the Report Spoilers button.
Comments and posts that receive enough spoiler reports will be marked as spoilers, viewable only to people who have chosen to keep spoilers visible.
3.4 Why do some users have a green check mark? What are verified users? Can I be a verified user?
A verified user is someone whose identity has been authenticated and certified by Nintendo. Their verified status indicates that they are a legitimate source of high-quality information. Their status as a verified user is indicated on their Mii character as shown below:
Verified user status is granted only to parties as needed based on Nintendo's determination. We do not accept requests for verification from the general public.
3.5 I can't see comments for other regions.
Your Miiverse settings may not permit you to see posts made in other languages.
Within your Miiverse settings, find the option that reads "View community posts from users who are using which system language" to control which languages you see in Miiverse communities. You may choose to view all languages (default) or only posts made in your Wii U system's language.
Remember, when posting in Miiverse communities of another region, the code of conduct for that region applies, as does the code of conduct for your own region.
3.6 I found content that infringes on my copyrighted work, and I would like it removed.
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 http://www.nintendo.com/ippolicy to read our full policy and submit a takedown request.
Situation:
Important Safety Information
Read the following warnings before setup or use of the Wii U system. If this product will be used by young children, this manual should be read and explained to them by an adult. Failing to do so may cause injury. Please carefully review the instructions for the game you are playing for additional health and safety information.
Throughout this manual, you will see this symbol followed by WARNING or CAUTION, or you may see the term IMPORTANT. These terms have different levels of meaning as outlined below. Please read and understand these terms and the information that appears after them before using your Wii U system.
WARNING: Warns you about incorrect use of this system that could result in serious personal injury.
CAUTION: Cautions you about incorrect use of this system that could result in personal injury or damage to the system, components, games, or accessories.
IMPORTANT: Informs you about incorrect use of the system that could result in damage to the system, components, games, or accessories.
WARNING - SEIZURES
- Convulsions
- Eye or muscle twitching
- Loss of awareness
- Altered vision
- Involuntary movements
- Disorientation
To reduce the likelihood of a seizure when playing video games:
- Sit or stand as far from the screen as possible.
- Play video games on the smallest available television screen.
- Do not play if you are tired or need sleep.
- Play in a well-lit room.
- Take a 10 to 15 minute break every hour.
WARNING - REPETITIVE MOTION INJURIES AND EYESTRAIN
Playing video games can make your muscles, joints, skin or eyes hurt. Follow these instructions to avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:
- Avoid excessive play. Parents should monitor their children for appropriate play.
- Take a 10 to 15 minute break every hour, even if you don’t think you need it.
- If your hands, wrists, arms or eyes become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again.
- If you continue to have any of the above symptoms or other discomfort during or after play, stop playing and see a doctor.
CAUTION - MOTION SICKNESS
Playing video games can cause motion sickness in some players. If you or your child feels dizzy or nauseous when playing video games, stop playing and rest. Do not drive or engage in other demanding activity until you feel better.
WARNING - ELECTRIC SHOCK
To avoid electric shock when you use this system:
- Do not use the Wii U system during a lightning storm. There may be a risk of electric shock from lightning.
- Use only the AC adapter that comes with your system.
- Do not use the AC adapter if it has damaged, split or broken cords or wires.
- Make sure that the AC adapter cord is fully inserted into the wall outlet or extension cord
- Always carefully disconnect all plugs by pulling on the plug and not on the cord. Make sure the Wii U power button is turned OFF before removing the AC adapter cord from an outlet.
WARNING - RADIO FREQUENCY INTERFERENCE
The Wii U console and accessories, including the Wii U GamePad, Wii U Pro Controller, and Wii Remote controllers, can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers.
- Do not operate the Wii U console and accessories within 9 inches of a pacemaker.
- If you have a pacemaker or other implanted medical device, do not use the Wii U console and accessories without first consulting your doctor or the manufacturer of your medical device.
CAUTION - LASER DEVICE
The Wii U console is a Class I laser product. Do not attempt to disassemble the Wii U console. Refer servicing to qualified personnel only.
CAUTION: Use of controls or adjustments or procedures other than those specified herein may result in hazardous radiation exposure.
Specifications:
- Laser Type: Semiconductor laser
- Laser Power: Max. 0.6mW, Max. 0.9mW
- Laser Wavelength: 405nm, 660nm
- Numeric aperture: 0.85, 0.6
WARNING - BATTERY LEAKAGE
The Wii U GamePad and Wii U Pro Controller contain a rechargeable lithium ion battery. Leakage of ingredients contained within the battery, or the combustion products of the ingredients, can cause personal injury as well as damage to your Wii U system. If battery leakage occurs, avoid contact with skin. If contact occurs, immediately wash thoroughly with soap and water. If liquid leaking from a battery comes into contact with your eyes, immediately flush thoroughly with water and see a doctor.
To avoid battery leakage:
- Do not expose battery to excessive physical shock, vibration, or liquids.
- Do not disassemble, attempt to repair, or deform the battery.
- Do not dispose of battery in a fire.
- Do not touch the terminals of the battery or cause a short between the terminals with a metal object.
- Do not peel or damage the battery label.
Some accessories may use AA batteries. Nintendo recommends high quality alkaline batteries for best performance and longevity of battery life. If you use rechargeable nickel metal hydride (NiMH) batteries, be sure to follow the manufacturer’s guidelines for safety and proper usage.
Leakage of battery fluid can cause personal injury as well as damage to your system and accessories. If battery leakage occurs, thoroughly wash the affected skin and clothes. Keep battery fluid away from your eyes and mouth. Leaking batteries may make popping sounds.
To avoid battery leakage:
- Do not mix used and new batteries (replace all batteries at the same time).
- Do not mix different brands of batteries.
- Nintendo recommends alkaline batteries. Do not use Lithium ion, nickel cadmium (NiCd), or carbon zinc batteries.
- Do not leave batteries in the remote for long periods of non-use.
- Do not recharge alkaline or non-rechargeable batteries.
- Do not put the batteries in backwards. Make sure that the positive (+) and negative (-) ends are facing in the correct directions. Insert the negative end first. When removing batteries, remove the positive end first.
- Do not use damaged, deformed or leaking batteries.
- Do not dispose of batteries in a fire.
The Wii U console contains a lithium coin cell battery. Contains perchlorate material - special handling may apply. For more information visit www.dtsc.ca.gov/hazardouswaste/perchlorate/. Do not remove the battery from the Wii U console unless it needs to be replaced.
PRECAUTIONS WHEN USING AC ADAPTERS
Please read and follow the precautions listed below when setting up and using the Wii U system. Failure to do so may result in damage to your Wii U system or accessories.
- Plug the AC adapter into an easily accessible standard wall outlet near your Wii U system.
- Make sure there is adequate ventilation around the AC adapter and Wii U system, and that any air vents are unobstructed.
- Do not expose the AC adapter or Wii U system to extremes of heat.
- Do not expose the AC adapter or Wii U system to any type of moisture.
- Do not place objects filled with liquids on or near the AC adapter or Wii U system.
See the bottom of the AC adapter for additional information.
Nintendo 3DS Service User Agreement
Last updated: November 1, 2011
This agreement (together with the Privacy Policy and Code of Conduct that follow, the "Agreement") is between you and Nintendo and covers use of the Nintendo 3DS Service, Nintendo 3DS System, Software, and Content. In this Agreement, we also refer to Nintendo as "we" or "us." Please see Chapter VI, Article 13 below for the definitions of capitalized terms used in this Agreement.Chapter I: Nintendo 3DS Service
Article 1: Grant of Limited License; Restrictions on Use
- The Nintendo 3DS Service, Software and Content is intended for your personal recreational use. You are responsible for anyone using the Nintendo 3DS Service, Software, and Content through your Nintendo 3DS System (whether you gave them permission or not) and for ensuring they understand and agree to this Agreement.
- You may not use the Nintendo 3DS Service, Software, or Content for commercial or illegal purposes, in a way that may harm another person or company, or in any unauthorized or improper manner as we may specify from time to time in this Agreement, our Nintendo 3DS Code of Conduct, or otherwise.
- The Nintendo 3DS Service, Software, and Content is licensed to you for use on your Nintendo 3DS System only in the United States, Canada, or certain Latin America countries. We may not offer the Nintendo 3DS Service, Software or Content in other areas, which means that all features of your Nintendo 3DS System may not work if you try to use it in those other areas.
Nintendo grants you a personal, limited, non-exclusive, revocable (in whole or in part) license to use the Nintendo 3DS Service, Software, and Content in the manner described in this Agreement. Specifically:
By accepting this Agreement or using a Nintendo 3DS System, the Nintendo 3DS Service, Software, or Content, you also grant to Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your 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.
Article 2: Communications with Other Nintendo 3DS Users
We are not obligated to monitor or supervise the content that you send or receive from other users of the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content. We do not represent that any such content you receive will not be harmful, inappropriate or free from errors. We also do not represent that content you send will not be sent to others or that it will remain unaltered. Also, we do not guarantee that any communications or Friend relationships will be protected from interception, viewing, or copying, so you should not transmit communications using the Nintendo 3DS Service, Software, or Content that you consider sensitive or proprietary. If you do not want to assume the risks associated with these features, please consult the Nintendo 3DS Operations Manual on how you can disable them.
Article 3: Communications from Us or Third Party Content Providers
You agree that we, our Third Party Content Providers, or other selected partners may provide you commercial information, including marketing and advertising messages about Nintendo or third party products, discounts and offers, and marketing and commercial applications on your Nintendo 3DS System through the Nintendo 3DS Service, Software, and Content. You acknowledge that your receipt of such information may be based on your proximity to a Nintendo Zone, a StreetPass Communication Point, or any other access point from which we, our Third Party Content Providers or other selected partners may provide such information. Please consult the Nintendo 3DS operations manual on how you can choose not to receive such information.
Article 4: Administrative Server Connections
You agree that your Nintendo 3DS System will connect to the Internet and to Nintendo’s servers—including in both Active Mode and Sleep Mode—for a variety of purposes, including to obtain system or User Content Restriction System updates, for diagnostic purposes, to transmit system log files as described in the Privacy Policy, or to receive Content. If you want to disable these connections entirely, you can do so by pressing the wireless switch to disable wireless communications. Please also consult the Nintendo 3DS Operations Manual for information on how some of these communications can be disabled.
Article 5: Parental Control
You may limit access to certain features of the Nintendo 3DS System and the Nintendo 3DS Service through our parental controls function; however, you are responsible for any features that anyone accesses through your Nintendo 3DS System even if you use the parental controls function.
Article 6: System Transfer and Nintendo 3DS Transfer Tool
When using the System Transfer or the Nintendo 3DS Transfer Tool, you are only allowed to transfer data between systems owned by you, and you are not allowed to transfer data between a system owned by you and a system owned by a third party. You can only transfer data that Nintendo has designated as transferable, and Nintendo may change such designation at any time, with or without notice to you. If designated by Nintendo as transferable, you may transfer certain saved data for built-in applications, photos, and audio data, system settings data, and certain add-on data. You may only use System Transfer to transfer prepaid funds credited to a Shop Account on one Nintendo 3DS System owned by you to another Nintendo 3DS System owned by you, and subject to any requirements and limitations as we may apply, from time to time.
Article 7: Privacy
We are committed to protecting the privacy and security of your personal information. By accepting this Agreement you agree that your use of the Nintendo 3DS Service is subject to the Nintendo 3DS Privacy Policy and its applicable terms of use and disclosure, which is part of this Agreement and applies to information submitted or collected through the Nintendo 3DS Service.
Chapter II: Unauthorized Software, Services, or Devices
You may not use your Nintendo 3DS System with any unauthorized software, unauthorized device or make any technical modifications to the Nintendo 3DS System. Any such use or modification voids any warranty, is a breach of this Agreement, and may be illegal or cause performance issues and/or damage to your Nintendo 3DS System and related services. Nintendo (as well as any Nintendo licensees, distributors or retailers) are not responsible for any damage or loss caused by the use of such devices, software, or modifications.
Chapter III: Updates/Changes
You understand that the Nintendo 3DS System specifications and the Nintendo 3DS Service, Software, and Content are constantly evolving and that we may update or change the Nintendo 3DS System, the Nintendo 3DS Service, Software, and Content in whole or in part, without notice to you. Such updates may be required for you to play new Nintendo 3DS games, enjoy new features, or continue to access the Nintendo 3DS Service. After the Nintendo 3DS menu is updated, any existing or future unauthorized technical modification of the hardware or software of your Nintendo 3DS System, or the use of an unauthorized device in connection with your system, will render the system permanently unplayable. Content deriving from the unauthorized modification of the hardware or software of your Nintendo 3DS System will be removed. Failure to accept the update may render games and new features unplayable.
Chapter IV: Nintendo 3DS Shop
Article 1: Nintendo 3DS Shop Account
You must create a Shop Account to use the Nintendo 3DS Shop. Your Shop Account is personal to you. You are responsible for monitoring use of and limiting access to your Shop Account, and for anyone using your Shop Account, even if without your permission.
The Nintendo 3DS Shop allows you to purchase a license to download Content or to purchase Products (and may also allow you to do such things as download licenses to use certain Content for free, or send Content to a Friend). If we suspect fraudulent or unlawful activity concerning your Shop Account, we may cancel, suspend, or otherwise limit your access to all or part of the Nintendo 3DS Service, which may result in your Shop Account being deleted and you losing access to the funds in your Shop Account. If we cancel, suspend, or limit your access to your Shop Account, we will not be obligated to restore your access or to refund in cash any funds in your Shop Account, unless required by applicable law to do so.
Article 2: Shop Account Balance
In order to purchase items or software licenses in the Nintendo 3DS Shop, you must have a prepaid funds balance in your Shop Account sufficient to purchase that item, or must have a download code authorizing you to obtain that item. You may use your credit card to add funds to your Shop Account (except in those countries where credit card usage is not enabled), or you may buy a Nintendo Prepaid Card or download code at retail, and may add funds to your Shop Account by following the directions on your Nintendo Prepaid Card. Download codes may also be offered to you as a promotional item. Points cards for Wii Shop Channel and for Nintendo DSi Shop cannot be used to add to your prepaid funds balance in your Shop Account.
If you use a credit card, you represent you are authorized to do so, and agree that you are responsible for all charges to that credit card. Unless otherwise required by law, the funds in your Shop Account are nonrefundable and may not be redeemed for cash. If we allow you to store your credit-card information using the Nintendo 3DS Service and you decide to do so, you are solely responsible for securing any Nintendo-assigned PIN or password, and we are not responsible for any unauthorized purchases.
Once you add funds to your Shop Account, you may not withdraw, sell, or transfer those funds to another person or to another hardware system, other than using the System Transfer application as described above in Chapter I, Article 6. Balances are not subject to an expiration date and we do not impose fees on balances in your Shop Account. You are responsible for your or anyone else’s use of the funds in your Shop Account, even if you did not give them permission to use those funds.
We may restrict Shop Account balances to use only in the country of purchase. If you choose to change your country settings, your Shop Account balance may become unavailable until you change your country setting back to the country in which you purchased your Shop Account balance. You also may be required to accept legal terms that apply to the new country that you have designated.
Article 3: Third Party Content Providers
We may allow Third Party Content Providers to make available Products or licenses to download Content through the Nintendo 3DS Shop, and may allow you to use your Shop Account funds for payment to us for such Content and Products. If you buy a Third Party Content Provider’s Products or a license to use its Content through the Nintendo 3DS Shop, you agree that the Third Party Content Provider that made or licensed the Products or Content is solely responsible to you for the Products or Content, and not us, and you hereby release us from any claims relating to Products or Content made available or licensed to you by a Third Party Content Provider.
Article 4: Account History
Each time you add funds to your Shop Account, and each time you purchase a license to download Content or purchase Products using your Shop Account balance, the transaction will be reflected in your account history. Account history information for each transaction will be available for at least one year from the date of the transaction in your Shop Account.
Chapter V: Third-Party Data
We are not responsible for any Third-Party Data or for any action you may take relating to Third-Party Data (including but not limited to modifying, distributing, or posting Third-Party Data). All Third-Party Data is the sole responsibility of the creator or sender of that Third-Party Data. Although we may choose to do so, we are not obligated to monitor, supervise, store, or maintain Third-Party Data or respond to complaints relating to Third-Party Data.
If legally permitted, we may access, use, and disclose Third-Party Data in order to protect our rights or property, to protect other users of the Nintendo 3DS Service, or to comply with legal requirements such as a subpoena or other legal process. You agree that you have no expectation of privacy in any Third-Party Data you receive or transmit via the Nintendo 3DS Service.
Chapter VI: Other
Article 1: Third-Party Providers
We may use our affiliates or third parties to provide any portion of the Nintendo 3DS Service or, at our option, transfer some or all of our rights or obligations under this Agreement to an affiliate or a third party without notice to you. We also may allow third parties to provide Third-Party Data to you through the Nintendo 3DS Service.
Article 2: Intellectual Property
We own all right, title, and interest in, or have the right to distribute, use, or sublicense, the Nintendo 3DS Service and the Nintendo IP. We do not provide you with any interest in the Nintendo 3DS Service or the Nintendo IP. Except as expressly authorized by us in writing, you may not create works based on the Nintendo 3DS Service, the Nintendo IP or Content, or modify, distribute, or transmit the Nintendo IP or Content. If you do not abide by these requirements, Nintendo shall own all right, title, and interest in any works created, adapted, distributed, or transmitted via the Nintendo 3DS Service, or, at Nintendo’s option, an unlimited license thereto. You agree to assign all such rights and execute any documents reasonably necessary to reflect Nintendo as the lawful owner of such rights.
We respect the intellectual property of others. If you believe that any material within the Nintendo 3DS System infringes upon any intellectual property right which you own or control, you may file a notice of such infringement with us as provided in Article 11 below. Our entire Intellectual Property Policy may be viewed at www.nintendo.com/ippolicy.
Article 3: Hosting, Intercepting, Emulating and Reverse-Engineering Prohibited
You may not host, intercept, emulate, or reverse engineer any part of the Nintendo 3DS System, Nintendo 3DS Service or the Nintendo IP.
Article 4: Disclaimer of Warranties
EXCEPT AS EXPRESSLY DESCRIBED IN THE NINTENDO 3DS MANUAL OR WARRANTY INFORMATION ACCOMPANYING THIRD-PARTY CONTENT (WHICH SHALL APPLY ONLY TO THE THIRD PARTY CONTENT PROVIDER), WE AND OUR THIRD PARTY CONTENT PROVIDERS, LICENSEES, LICENSORS, DISTRIBUTORS, AND SUPPLIERS ARE PROVIDING THE NINTENDO 3DS SERVICE "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND (INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE), TO THE MAXIMUM EXTENT PERMITTED BY LAW. USE OF THE NINTENDO 3DS SERVICE IS AT YOUR SOLE RISK. THIS MEANS, FOR EXAMPLE, THAT WE DO NOT GUARANTEE THAT THE NINTENDO 3DS SERVICE WILL ALWAYS WORK PROPERLY, THAT THE NINTENDO 3DS SERVICE, CONTENT OR PRODUCTS WILL BE FREE FROM VIRUSES, HACKS, OR OTHER POTENTIALLY HARMFUL INTRUSIONS, OR THAT THE NINTENDO 3DS SERVICE WILL CONTINUE TO BE AVAILABLE OR THAT IT WILL MAINTAIN ITS CURRENT FUNCTIONS. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW SUCH WARRANTY LIMITATIONS OR EXCLUSIONS, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Article 5: Limitation on Claims
If you believe you have a claim against us related to the Nintendo 3DS System or the Nintendo 3DS Service, you must take legal action within one year after the date of the alleged circumstances giving rise to the claim. Unless required by applicable law, after the one-year period expires, you may never raise that claim.
Article 6: Change, Suspension or Discontinuance of Nintendo 3DS Service
We may change, suspend, or discontinue the Nintendo 3DS Service, or any feature or aspect of the Nintendo 3DS Service, at any time, with or without notice to you, and without liability to us. This includes, but is not limited to, the availability of all or any portion of the Nintendo 3DS Service, Content, Products, the amount of funds required to redeem particular Content or Products, and the terms and conditions affecting your Shop Account.
Article 7: Limited Responsibilities and Indemnification
- YOUR ABILITY TO RECOVER DAMAGES OR LOSSES FROM US IS LIMITED: YOU MAY RECOVER ONLY DIRECT DAMAGES, UP TO THE TOTAL AMOUNT YOU HAVE EVER PAID TO FUND YOUR SHOP ACCOUNT. GENERALLY, DIRECT DAMAGES ARE LOSSES YOU (OR ANYONE ELSE) SUFFER AS THE IMMEDIATE RESULT OF SOMETHING SOMEONE HAS DONE WRONG.
- YOU MAY NOT RECOVER ANY OTHER TYPES OF DAMAGES, NO MATTER THE REASON. FOR EXAMPLE, SOMETIMES A COURT WILL AWARD A SPECIAL AMOUNT OF DAMAGES TO PUNISH THE PERSON AT FAULT, OR A PERSON MIGHT HAVE TO PAY FOR DAMAGES WHERE THE PERSON DID NOT DIRECTLY CAUSE HARM. YOU AGREE THAT WE WILL NEVER HAVE TO PAY PUNITIVE, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES TO YOU.
- WE ARE NOT LIABLE TO ANYONE ELSE NOR TO YOU FOR THE ACTIONS OR INACTIONS OF YOU OR ANYONE ELSE. FOR EXAMPLE, IF YOUR FRIEND IS SOMEHOW HARMED USING THE NINTENDO 3DS SERVICE OR THE NINTENDO 3DS SYSTEM, WE ARE NOT RESPONSIBLE TO YOU, YOUR FRIEND, OR ANYONE ELSE. IF ANOTHER PERSON SOMEHOW HARMS YOU WHILE USING YOUR NINTENDO 3DS SYSTEM OR NINTENDO 3DS SERVICE, WE ARE NOT LIABLE TO YOU FOR THAT OTHER PERSON’S ACTIONS.
- WE HAVE NO OBLIGATION TO YOU NOR TO ANY THIRD PARTY TO MONITOR, EDIT OR ERASE USER CONTENT, AND NO OBLIGATION TO VERIFY IN ANY WAY THE COMPLIANCE OF THE USER CONTENT WITH THIS AGREEMENT, THE NINTENDO 3DS CODE OF CONDUCT, OR OTHERWISE (INCLUDING THE LEGALITY, MORALITY AND WHETHER ANY RIGHTS UNDER THE RELATED INTELLECTUAL PROPERTY RIGHTS OR OTHER SIMILAR RIGHTS ARE GRANTED OR NOT), AND OTHER SUBSTANCE OF THE USER CONTENT, IF WE CONSIDER THAT ANY USER CONTENT IS OR MAY BE CONTRARY TO THIS AGREEMENT, WE MAY EDIT OR ERASE SUCH USER CONTENT WITHOUT GIVING YOU PRIOR NOTICE OR OBTAINING PRIOR CONSENT FROM YOU, AND YOU HAVE NO RIGHT TO RAISE ANY OBJECTION TO SUCH EDITING OR ERASURE MADE BY US. WE UNDERTAKE NO RESPONSIBILITY WITH RESPECT TO THE USER CONTENT CREATED BY THIRD PARTIES, INCLUDING YOU AND OTHER NINTENDO 3DS USERS. EVEN IF YOU SUFFER DAMAGE RESULTING FROM YOUR DISPUTE WITH OTHER NINTENDO 3DS USERS OR ANY THIRD PARTY FROM ABUSE, DEFAMATION, HARASSMENT, FRAUD OR STALKING BEHAVIOR DUE TO THE USER CONTENT CREATED BY YOU (INCLUDING, BUT NOT LIMITED TO, THAT DISPLAYING YOUR PERSONALLY IDENTIFIABLE INFORMATION), WE WILL ASSUME NO RESPONSIBILITY FOR THE RESULTING DAMAGE.
YOU AGREE TO WAIVE ANY AND ALL RIGHTS TO CLAIM DAMAGES OR LOSSES CAUSED TO YOU OR RELATING TO YOUR USE OF OR INABILITY TO USE THE NINTENDO 3DS SERVICE (OR TO ANYONE ELSE USING THE NINTENDO 3DS SERVICE THROUGH YOUR NINTENDO 3DS SYSTEM). YOU UNDERSTAND YOU MIGHT NEVER BE FULLY COMPENSATED FOR THAT DAMAGE OR LOSS IF WE OR ONE OF OUR THIRD PARTY CONTENT PROVIDERS, LICENSEES, LICENSORS OR SUPPLIERS (COLLECTIVELY REFERRED TO IN THIS ARTICLE 7 AS "WE" OR "US") SOMEHOW HARM YOU. THIS IS BECAUSE WE LIMIT OUR LIABILITY TO YOU (AND TO OTHERS) IN SEVERAL WAYS:
THESE LIMITATIONS ON LIABILITY APPLY TO ALL MATTERS RELATING TO THE NINTENDO 3DS SERVICE AND THE NINTENDO 3DS SYSTEM, INCLUDING YOUR USE OF THE NINTENDO 3DS SERVICE AND YOUR USE OF CONTENT OR PRODUCTS THAT DO NOT SPECIFY OR LIMIT LIABILITY. THESE LIMITATIONS ALSO APPLY TO ANY LEGAL OR EQUITABLE THEORY, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT. PLEASE NOTE, HOWEVER, THAT SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS LIKE THESE, SO THESE LIMITS ON OTHER DAMAGES MAY NOT FULLY APPLY TO YOU.
If we or our Third Party Content Providers, licensees, licensors or suppliers are subject to any actual or threatened claims, costs, damages, losses, or liabilities (collectively, "Covered Losses") relating to your use of the Nintendo 3DS System, Nintendo 3DS Service, Content, User Content, or any Third-Party Data you submit, post, transmit, receive, or make available through the Nintendo 3DS Service or your Nintendo 3DS System, then you agree to indemnify us (and our Third Party Content Providers, licensees, licensors, and suppliers and any of our employees) from all of the Covered Losses and costs related to such Covered Losses, including our attorneys’ fees.
Article 8: Expiration and Termination of Agreement
- You may cancel your Shop Account by contacting our consumer service department by calling toll free, 1-800-255-3700 or by following the instructions in the Nintendo 3DS Shop. If your Shop Account is canceled or terminated for any reason, you will no longer be able to use the Nintendo 3DS Shop and you will lose access to all Content that you purchased or otherwise received through the Nintendo 3DS Shop and access to your Shop Account balance.
- You may terminate this Agreement by removing Content from your Nintendo 3DS System, discontinuing use of the Nintendo 3DS Service.
- We may terminate this Agreement, or any portion thereof, at any time, for any reason whatsoever. Such termination will, however, void any licenses granted by us to you under this Agreement and may prevent your use of the Nintendo 3DS Service.
- If your Shop Account is closed or terminated by you or us for any reason, you will have to contact Nintendo consumer service by calling toll free 1-800-255-3700 to request any remaining prepaid balances in your Account be provided to you on Nintendo prepaid card or be transferred to your new Shop Account, at Nintendo’s discretion. Unless required by applicable law, Nintendo is not obligated to refund the balance in your Shop Account to you in cash.
- In the event this Agreement is terminated or canceled, the following sections will remain in effect: Grant of License; Restrictions on Use (last paragraph only) Unauthorized Software, Services or Devices; Shop Account Balances; Third Party Content Providers; Intellectual Property; Hosting, Emulating, Intercepting, and Reverse-Engineering Prohibited; Disclaimer of Warranties; Limitation on Claims; Limited Responsibilities and Indemnification; Expiration and Termination of this Agreement; Consumer Services/Notices; Governing Law, Legal Jurisdiction and Interpretation of Agreement; and Definitions. In addition, any license that you granted to us in connection with your use of the Nintendo 3DS System or Nintendo 3DS Service will continue in force.
Article 9: Current Agreement and Updates
We may change the terms and conditions of this Agreement, the 3DS Code of Conduct, or the Nintendo 3DS Privacy Policy, at any time. A current version of these documents will be available on the Internet at http://support.nintendo.com. If you do not have Internet access, you may request our consumer service department to send you the current versions, free of charge. We will post notice on http://support.nintendo.com if the Agreement is changed at least 5 days before you will be bound by the changes. If you do not agree to these changes, you must cancel your Nintendo 3DS Service in accordance with this Agreement.
Article 10: Sale, Transfer and Assignment
You may not assign all or any part of this Agreement or sell or transfer any Content or your Shop Account to any third party. Any attempt by you to do so is void.
If you sell or give away your Nintendo 3DS System, your license to use the Nintendo 3DS Service will terminate. If you allow any third party to access your Shop Account, whether in the context of a sale of your Nintendo 3DS System or otherwise, you are responsible for such transactions and we are authorized to debit the prepaid balance in your Shop Account for any purchase transactions made by that third party.
You must clear all Content, Third-Party Data, and any other sensitive or personal information stored on your Nintendo 3DS System prior to selling, giving or otherwise transferring your Nintendo 3DS System. If you acquire a used Nintendo 3DS System, you must clear, and may not use, any of this data if still on the Nintendo 3DS System when you acquire it, or any remaining balance in any Shop Account. You can consult the Nintendo 3DS Operations Manual or contact our consumer service department at 1-800-255-3700 on how to clear your Nintendo 3DS System.
Article 11: Consumer Service/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 this Agreement or by law.
For all other legal matters, such as to file a claim against us, you must contact or notify us in writing at: Nintendo of America Inc., Attn: General Counsel, 4600 150th Ave NE, Redmond, WA 98052.
Nintendo may issue or give its notice, approval or other communication in relation to the Nintendo 3DS Service using any method in its discretion, including by posting it on its website (http://www.nintendo.com). In addition, Nintendo may electronically send such notice, approval or other communication to your Nintendo 3DS. Such notice shall be deemed received by you when it is posted or transmitted. Nintendo will not be responsible or liable for any and all damage or loss suffered by you if the communication does not arrive or is delayed.
Article 12: Governing Law, Legal Jurisdiction, and Interpretation of Agreement
This Agreement and any claims arising under it is governed by the laws of the State of Washington, USA, without reference to conflict of laws principles. If you want to sue us with respect to a claim related to this Agreement or the use of the Nintendo 3DS Service, your lawsuit must be brought in King County, Washington, USA, and you consent to the jurisdiction of courts located there. You agree that if any part of this Agreement is determined to be invalid or unenforceable, that part will no longer apply and will be considered 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. If we choose not to enforce a provision of the Agreement, you agree that we are not waiving our right to do so in the future.
Article 13: Definitions
"Active Mode" means the mode during normal operations of your Nintendo 3DS.
"Content" means the software, services, material and other data which we or our Third Party Content Providers own or have the right to use, distribute or sublicense, and which we or our Third Party Content Providers send to, or make available as a download through, the Nintendo 3DS System or the Nintendo 3DS Service, but excludes User Content and various commercial and non-commercial content provided on the Internet web sites operated by third parties.
"Friend" means a user of another Nintendo 3DS System (and at our option, any Nintendo platform), with whom you have exchanged friend cards or friend codes.
"Mii" means a customizable, electronic character that you can create and that you can use in compatible games, attach to messages and share with others through the Nintendo 3DS Service.
"Nintendo 3DS Service" means the service whereby we can (i) distribute Content, messages (including commercial and non-commercial messages) and other data to your Nintendo 3DS System, (ii) link you to an Internet site or our Nintendo Wi-Fi Connection service, (iii) allow you to play games wirelessly and send and receive Content, messages (including commercial and non-commercial messages), and other data, including Third-Party Data, using your Nintendo 3DS System. The "Nintendo 3DS Service" includes, but is not limited to, the Nintendo 3DS Shop, StreetPass Communications, and Nintendo Zones.
"Nintendo 3DS Shop" means our online Nintendo 3DS System’s store, and any separate Third Party Content Provider store that we may establish, which offers such things as pre-paid cash balance purchase, Content, Products, and a download service.
"Nintendo 3DS System" means the handheld device (including embedded software and accessories) sold and marketed by Nintendo under the Nintendo 3DS brand, including any succeeding devices and compatible devices.
"Nintendo 3DS Transfer Tool" is an application allowing you to transfer certain data and content from one Nintendo DSi System to a Nintendo 3DS System.
"Nintendo IP" means all intellectual property, including but not limited to trademarks, copyrights, moral rights, inventions, patents, trade secrets, know-how and other confidential and proprietary information which we developed, own or have a license to use.
"Nintendo Pre-paid Card" means a prepaid card sold at retail shops that enables you to add the amount of funds denominated on the card to your Shop Account.
"Nintendo Zone" means a hotspot or download station that allows you to access Content, Third-Party Data, and other services.
"Products" means any goods other than Content that are made available for purchase from us or from our Third Party Content Providers through the Nintendo 3DS Shop.
"Shop Account" means an account on your Nintendo 3DS System which you set up and use in connection with the Nintendo 3DS Shop.
"Sleep Mode" means a low power mode of your Nintendo 3DS System when the processor is inactive and nothing is displayed on the LCD screen of your Nintendo 3DS System.
"StreetPass Communications" means the wireless communication during Active Mode and Sleep Mode between (a) two Nintendo 3DS Systems that come within range of each other or (b) between a Nintendo 3DS System and a StreetPass Communication Point.
"StreetPass Communication Point" means a wireless LAN access point that sends to, receives from and exchanges with your Nintendo 3DS System content via StreetPass Communications.
"System Transfer" is an application allowing you to transfer certain data and content from one Nintendo 3DS to another one through Internet communication or local wireless communication.
"Third Party Content Provider" means a third party provider of Content or Products with whom we have entered into a business relationship in order to make available to you its Content or Products through the Nintendo 3DS Shop.
"Third-Party Data" means Content (other than that provided by a Nintendo entity) or other software, services, material, messages (including commercial and non-commercial messages), links to Internet sites, User Content, and other data either created by, or sent to, your Nintendo 3DS System through the Nintendo 3DS Service by any non-Nintendo entity or person (including Third Party Content Providers and you).
"User Content" means comments, messages, images, photos, movies, information, data and other content (which include the Nintendo 3DS user names, Mii, Mii nicknames, names of creators, and other names) which are created by, or licensed to Nintendo 3DS users including you, which will be used by Nintendo 3DS users including you in connection with the Nintendo 3DS Service.
"User Content Restriction System" means a system that (a) restricts you from receiving or sending certain User Content created by or from other users of a Nintendo 3DS System or (b) operates to prevent any User Content from being spread in such manner and within such scope as determined by Nintendo.
Nintendo 3DS Code of Conduct
This Nintendo 3DS Code of Conduct outlines the rules that you must follow to participate in the Nintendo 3DS Service. These rules are designed to keep the Nintendo 3DS Service a friendly and safe environment.
The Nintendo 3DS Code of Conduct may be found at http://support.nintendo.com and may be revised by us at anytime. If you do not have Internet access, please contact Nintendo Consumer Service by (i) sending a letter to Nintendo of America Inc., Attn: Nintendo 3DS Code of Conduct, 4600 150th Ave NE, Redmond, WA 98052 USA; or (ii) calling, toll free, 1-888-977-7627, and they will mail you a current version of the Nintendo 3DS Code of Conduct, free of charge. All capitalized terms not defined in this Nintendo 3DS Code of Conduct will have the meaning set forth in the Nintendo 3DS Service User Agreement.
- Your use of the Nintendo 3DS is subject to this Nintendo 3DS Code of Conduct, which prohibits all harmful, illegal or otherwise offensive conduct, including, but not limited to the following:
- Misrepresenting, impersonating, abusing, stalking, threatening or harassing any person or company, including, but not limited to other users, Nintendo, and/or its employees, moderators, or staff.
- Doing anything illegal, discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous or otherwise objectionable in connection with the Nintendo 3DS System or Nintendo 3DS Service.
- Making, disseminating, sharing or playing unauthorized copies of games, music or images on the Nintendo 3DS System. This activity is illegal!
- Making new versions of existing Content or Products.
- Trying to modify or gain access to another person’s Nintendo 3DS System or Nintendo 3DS Service without permission or trying to modify or gain access to any of Nintendo’s computers, hardware or networks used to provide the Nintendo 3DS Service or any feature of the Nintendo 3DS System.
- Cheating in a game, unless such cheats have been deliberately enabled.
- Hosting, intercepting, emulating, reverse engineering or redirecting the communication protocols used by Nintendo as part of the Nintendo 3DS System or Nintendo 3DS Service, regardless of the method used to do so.
- Engaging in any commercial activity using the Nintendo 3DS System or any other activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of a Nintendo 3DS System, including the Nintendo 3DS Service or networks connected to the Nintendo 3DS Service.
- Accessing or attempting to access another person’s Nintendo 3DS System, including, but not limited to a person’s Nintendo 3DS Shop Account without permission or trying to modify, destroy or lose information from, copy or access any third party’s, including, but not limited to Nintendo’s computers, hardware or networks.
- Uploading, posting, emailing, transmitting or otherwise making 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 intellectual property or proprietary rights of any party; (c) any unsolicited or unauthorized advertising or promotional materials (e.g. "spam"); (d) information which personally identifies you or any third party; (e) content to which you have disguised the origin; or (f) content that is obscene, unlawful or prohibited from publication in your jurisdiction, including but not limited to publishing news, stories or pictures associated with a third party.
- Nintendo is not responsible for, and to the fullest extent permitted by law, will not accept liability for, anything you say or anything that happens on the Nintendo 3DS System and Nintendo 3DS Service or as a result of your use of the Nintendo 3DS System and Nintendo 3DS Service; you alone are responsible.
- Virtual Property. Some games or other content may have certain features that may be traded with other Nintendo 3DS users. For example, a game might give you the ability to create a character that gathers objects (like a car or gold coins) and has certain characteristics (like a special ability or appearance). These features are sometimes called "virtual property." Nintendo (or its licensors) own this virtual property, and you may not sell, trade, assign, license, or otherwise convey virtual property for real money.
- Nintendo reserves the right to immediately terminate, block or suspend, in whole or in part, your use of the Nintendo 3DS Service or any feature of the Nintendo 3DS System for, in Nintendo’s sole discretion, any violation of this Nintendo 3DS Code of Conduct. Nintendo reserves the right to contact and cooperate with any law enforcement agencies, government officials or Internet Service Providers, as Nintendo believes in its sole discretion, is necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law.
Nintendo 3DS System Privacy Policy
Last Updated: November 1, 2011
Nintendo is dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect. By accepting the Nintendo 3DS Service User Agreement, you consent to and accept this Nintendo 3DS System Privacy Policy ("Privacy Policy"). This Privacy Policy describes, among other things, the types of information collected about you by Nintendo when you use the Nintendo 3DS System, the Nintendo 3DS Service, Software, and Content; how your information may be used; when it may be disclosed; how you can control the use and disclosure of your information; and how your information is protected. This Privacy Policy applies only to information collected from your Nintendo 3DS System by Nintendo of America Inc. or its parent company, Nintendo Co., Ltd. (individually and collectively, "Nintendo"). Information that you may submit to Nintendo through any of its Web sites or any other Nintendo product or service is subject to the applicable privacy policy posted at support.nintendo.com. This Privacy Policy should be read in conjunction with the Nintendo 3DS Service User Agreement and Code of Conduct. All capitalized terms not defined in this Privacy Policy will have the meaning set forth in the Nintendo 3DS Service User Agreement.
CHANGES TO THIS PRIVACY POLICY
We may revise and update this Privacy Policy from time to time. Please review the most recent version of this policy frequently by going to support.nintendo.com or contacting us at 1-888-977-7627 or e-mailing us at privacypolicy@noa.nintendo.com . When we update this Privacy Policy, we will revise the "Last Updated" date above.
INFORMATION COLLECTED
Personally Identifiable Information."Personally Identifiable Information" or "PII" is information that identifies you as an individual, such as your full name, address, telephone number, or email address. We only collect PII that you provide to us. For example, the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content may enable you to provide User Content that may contain PII. If you choose not to provide us with certain PII, you will be able to continue using your Nintendo 3DS System, Nintendo 3DS Service, Software, and Content, except that your use of features or applications that require the disclosure of certain PII may be limited or unavailable.
We may add to or update the PII you provide through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content with data collected from other sources, including offline sources (e.g., consumer service transactions such as repairs, part orders or purchases). If we combine information collected offline with information collected through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content the combined PII will be treated in accordance with this Privacy Policy.
Non-Personally Identifiable Information. In addition to the PII you provide to us, we may collect Non-Personally Identifiable Information from you. "Non-Personally Identifiable Information" or "Non-PII" is information that does not identify you as an individual. This includes information such as your Mii profile information, age, gender, geographic area, game play data, online status, Nintendo 3DS System serial number and device ID, device certificate information, cookies, Friend Codes, wireless access point information, Internet Protocol ("IP") address, and Media Access Control ("MAC") address. We may link your PII with Non-PII or Aggregate Information that we collect from you. Some of the ways in which we collect Non-PII are described in more detail below.
- Web Beacons: The Nintendo 3DS System, Nintendo 3DS Service, Software, or Content may use a common Internet technology called "Web Beacons" which are small graphic images placed on a Web page, on a Web-based document, or in an email message, designed to collect certain information and monitor user activity online. We may use Web Beacons to collect information such as IP address, MAC address, the URL of the page the Web user comes from, and the time the Web Beacon is activated (such as when you view the Web page, advertisement, or email containing the Web Beacon). We may use the information collected through Web Beacons, for example, to determine how to improve the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content by seeing which areas, features, and products are most popular; to personalize the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content and make recommendations based on downloaded products; and to complete transactions you have requested.
- Cookies: Certain Nintendo 3DS System online applications may use cookies, which are small text files that a Web site places on your Nintendo 3DS System. These files identify your Nintendo 3DS System and record data about your visit so that when you return to a Web site, the site recognizes your Nintendo 3DS System and can personalize your visit. Cookies may be linked to your transaction history, online game play or other information. We may use information collected by cookies, as well as other tools such as log files and Web Beacons, for example, to determine how to improve the Nintendo 3DS System applications by seeing which areas, features, and products are most popular; to personalize the Nintendo 3DS System services; make recommendations based on downloaded products; and to complete transactions you have requested.
- Nintendo Wireless Communications: Your Nintendo 3DS System is automatically assigned an IP address by your Internet Provider when you connect to Nintendo via wireless communications. Nintendo receives a log file of your activities that may include, for example, your IP address, MAC address, cookie information, transaction data, settings and download activity. We may use these log files, for example, to monitor traffic on our Web sites, to facilitate your use of the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content, and to troubleshoot technical problems. If you do not want Nintendo to collect this information, you should turn off wireless communications on your Nintendo 3DS System.
Aggregate Information. We also may collect and aggregate certain information about our users’ game play, age, gender, search terms, clickstreams, and purchases for the purposes of advertising and improving the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content. "Aggregate Information" is Non-PII that is combined with the Non-PII of other users.
HOW INFORMATION IS USED
We may collect PII, Non-PII, and Aggregate Information from you through your Nintendo 3DS System in order to: (i) fulfill your requests for products, services, and information, including to send you commercial and non-commercial messages and to process orders you have placed through your Nintendo 3DS System; (ii) contact you in connection with games, contests, sweepstakes, surveys, promotional materials, and product changes; (iii) facilitate your use of the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content, such as StreetPass Communications and communications with other users; (iv) customize the content, features, and advertising available through the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content such as your Nintendo 3DS Shop catalog and other catalogs; (v) set up repair orders and respond to other consumer service inquiries; (vi) provide you back-end services, such as system updates, system messages, and free games, applications, trials, and content; (vii) analyze the use of the Nintendo 3DS Service, Software, Content, and information about our users for demographic studies, quality assurance and to understand and improve our service offerings; (viii) facilitate demographic studies and quality assurance; (ix) prevent potentially illegal or offensive activities or to enforce our rights or the rights of our users; and (x) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
DISCLOSURE OF INFORMATION
We may facilitate the disclosure of PII, Non-PII and Aggregate Information when you use the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content. For example, information such as your Mii name, Mii profile information, online status, Mii greeting, and other User Content or game play information may be displayed to other users when you use the online features of the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content.
- Third Parties. We may share PII, Non-PII, and Aggregate Information with our vendors to help us perform various functions necessary to operate our business or fulfill your requests (for example, completing downloads or purchases, developing and executing marketing campaigns, etc.). We also may share such information and any User Content you create with third parties. We may share your PII, Non-PII, and Aggregate Information with third parties to complete your transactions and provide you with advertising and other promotional materials through your Nintendo 3DS System, Nintendo 3DS Service, Software, or Content.
- StreetPass Communications. Certain Nintendo 3DS Service, Software, and Content allow other Nintendo 3DS System users to automatically contact and interact with you. The StreetPass Communications feature allows PII, Non-PII and User Content that you have provided or that is stored on your Nintendo 3DS System to be shared automatically with other Nintendo 3DS System users via a wireless connection, the Nintendo Zone or a StreetPass Communication Point. You understand that you have no expectation of privacy in the information or User Content shared via StreetPass Communications. When StreetPass Communications are enabled on your Nintendo 3DS System, you may not only receive User Content from other users but advertising or other promotional materials from Nintendo and third parties. You may disable this feature at any time through the Nintendo 3DS System settings.
- Friends. In addition, you may add Friends to your Nintendo 3DS Friend list by exchanging friend codes or friend cards. Through the Nintendo 3DS Friend list and Friend messaging features, certain information that you have provided or that is stored on your Nintendo 3DS System, such as your Mii name, Mii profile information, Mii greeting, online status, rankings, and other User Content or game play information, may be shared with your Nintendo 3DS Friends.
- Legal and Business Purposes. We may disclose PII in order to comply with legal process, to respond to claims or inquiries, or to protect the rights, property or personal safety of Nintendo, our users, or the public. Information about our users, including PII, may be disclosed as part of any sale or transfer of company assets, if permitted by and done in accordance with applicable laws. We also may disclose your PII for any other purposes pursuant to your consent.
You are responsible for any User Content or PII that you share through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content. Please be aware that other Nintendo 3DS System users may be able to store, modify, or share with third parties information that you provide them through your Nintendo 3DS System.
MARKETING AND ADVERTISING
We may collect and use your PII, Non-PII, or Aggregate Information for marketing purposes, including the delivery of advertising and other promotional materials to you through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content. For example, we might deliver messages to your Nintendo 3DS System that offer discounts on Nintendo games or products. You may be able to opt-out of receiving these messages through the Nintendo 3DS System settings or as otherwise described to you in the marketing message.
NINTENDO ZONE
We may collect and use your PII and Non-PII to notify you when you are close to a Nintendo Zone. If you choose to access a Nintendo Zone, we may use your PII and Non-PII, for example, to facilitate your access to Software and Content. In addition, third parties may collect PII that you provide to them and Non-PII through the Nintendo Zone.
LINKING ACCOUNTS
You may link your Nintendo 3DS Shop Account to your Club Nintendo account to receive personalized content and to participate in a variety of activities, promotions and programs. By linking your Club Nintendo account to your Nintendo 3DS Shop Account, you consent to having any PII you enter on your Club Nintendo account linked to your Nintendo 3DS Shop Account. You may unlink these accounts in the Settings section of the Nintendo 3DS Shop.
THIRD-PARTY WEB BEACONS AND COOKIES
In the event you visit a third party’s Web site through the Internet browser on the Nintendo 3DS System, or you choose to view an ad delivered by a third party, such as those made available through the Nintendo Zone, those Web sites or ads may also contain tools such as cookies and Web Beacons which may be accessible to such third party to collect information about your online browsing. These third parties also may use ad networks, ad servers, ad exchanges, or other third parties that may collect information when you view or interact with advertisements or Web sites across the Internet in an effort to understand your interests and deliver you advertisements tailored to your interests. Nintendo does not have access to the information these third parties may collect about your interests to deliver relevant advertising to you, and the information practices of these third parties are not covered by this Privacy Policy. We strongly recommend that you refer to the privacy policies of these third parties to learn more about how they may collect, use, and disclose your information.
GAMES, APPLICATIONS, ADVERTISING, AND CONTENT PROVIDED BY THIRD PARTIES
You may disclose PII and Non-PII to third parties when you use the Nintendo 3DS System to play third-party games, use third-party applications, view third-party advertisements, or visit third-party Web sites. We are not responsible for the privacy practices of these third parties, and we recommend that you review their privacy policies before submitting any information.
ATTENTION PARENTS OR LEGAL GUARDIANS: PROTECTING CHILDREN’S PRIVACY
Nintendo is committed to protecting your child’s privacy. The Nintendo 3DS System is directed to a general audience, but where Nintendo has actual knowledge that a user is under the age of 13, Nintendo complies with the U.S. Children’s Online Privacy Protection Act ("COPPA"), which governs how operators of websites and online services collect, use, and disclose PII from children under the age of 13 on the Internet.
You can find information about how we collect, use, and disclose PII from users, including children under 13 years of age, in the sections above titled INFORMATION COLLECTED, HOW INFORMATION IS USED, DISCLOSURE OF INFORMATION, MARKETING AND ADVERTISING, and NINTENDO ZONE. You have the option of consenting to Nintendo’s collection and use of your child’s PII without consenting to the disclosure of that information with third parties. In addition, Nintendo is prohibited from conditioning your child’s participation in an activity on the child’s disclosing more personal information than is reasonably necessary to participate in such activity.
You may review and have deleted your child’s PII, and refuse to permit further collection or use of your child’s PII, by contacting the Nintendo 3DS Privacy Policy Administrator via email at privacypolicy@noa.nintendo.com, by phone at 1-888-977-7627, or by regular mail at Nintendo of America Inc., Attn: Online Privacy Policy Administrator, 4600 150th Avenue NE, Redmond, WA 98052, U.S.A. Before responding to your request to review PII collected from your child, Nintendo may require that you follow reasonable procedures to help verify your identity as the child’s parent and may deny any request that fails to follow these procedures. If you choose to have your child’s PII deleted or refuse to permit further collection or use of your child’s PII, your child will be able to continue using the Nintendo 3DS System, except your child’s use of certain features of the Nintendo 3DS Service, Software, and Content that require the disclosure of certain PII may be limited or unavailable.
Please note that third-party game publishers, application providers, and content providers may collect, use, and disclose your child’s personal information through the Nintendo 3DS System when your child uses the third-party’s Software or Content. Nintendo is not responsible for the privacy practices of these third parties, and we recommend that you review their privacy notices before your child provides or exchanges any PII through third-party Software or Content.
We strongly recommend that you supervise your children’s use of the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content at all times. You can restrict your children’s use of certain features of the Nintendo 3DS System by setting up the Nintendo 3DS Parental Controls. For a detailed description of the Nintendo 3DS System wireless communication features and Parental Controls, please see the Nintendo 3DS System Operations Manual included with your Nintendo 3DS System. This Operations Manual is also available at support.nintendo.com.
SECURITY
We have established reasonable safeguards to help ensure the security, integrity and privacy of the PII submitted or collected from the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content. We also have implemented reasonable security measures to help protect information under our control against loss, misuse or alteration. While we strive to safeguard your PII, no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
Please note that information collected by third parties, including a Third Party Content Provider, may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.
If you install unauthorized applications or content on your Nintendo 3DS System or make unauthorized modifications to the Nintendo 3DS System, your PII may be compromised. Nintendo is not responsible for any data collection, use or disclosure from any Nintendo 3DS System with unauthorized applications or content installed.
OPTING-OUT OF INFORMATION COLLECTION
You may use the Nintendo 3DS System without disclosing PII; however, some features and applications may not be available to you. You can opt-out of the collection of PII by turning off wireless communications on your Nintendo 3DS System. You also may be able to opt-out of some types of information collection through the Nintendo 3DS System settings and Parental Controls.
DISABLING AND REMOVING INFORMATION STORED ON YOUR NINTENDO 3DS SYSTEM
Certain PII about you that you disclose when communicating with third parties or using your Nintendo 3DS System may be stored on your Nintendo 3DS System. For your protection, before selling or otherwise transferring your Nintendo 3DS System, please be sure to remove all stored information on your Nintendo 3DS System. For instructions on how to remove this information, please see the Internet Setup section of your Nintendo 3DS System Operations Manual or contact a Nintendo consumer service representative.
If you transfer data to a Nintendo 3DS System using the System Transfer or Nintendo 3DS Transfer Tool features, any PII or Non-PII included in such data will be transferred as part of this process.
INTERNATIONAL USERS
Any information you provide or that is collected through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content may be stored and processed in the United States or any other country in which we or our affiliated companies, vendors or agents maintain facilities. As such, PII may be accessed by foreign governmental authorities and otherwise in accordance with applicable laws. By using the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content you consent to such storage and processing. We abide by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. However, this Privacy Policy is intended to meet the laws and requirements of the United States and those of Canada and Latin America, which may not be the same as the laws and regulations of your home country. If you are not located in the United States, Canada or Latin America please go back to the country selection screen and select an appropriate country so that you will be aware of the policies that apply to you.
CONTACT US WITH YOUR PRIVACY QUESTIONS, COMMENTS OR CONCERNS
If you have any questions, complaints or comments regarding this Privacy Policy, the data collected from you or our practices, please contact the Nintendo 3DS Privacy Policy Administrator via email at privacypolicy@noa.nintendo.com, by phone at 1-888-977-7627, or by regular mail at Nintendo of America Inc., Attn: Online Privacy Policy Administrator, 4600 150th Avenue NE, Redmond, WA 98052, U.S.A.
For U.S. and Canada residents only: Nintendo is a licensee of the Entertainment Software Rating Board’s Privacy Online Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy/contact.jsp, ESRB Attn: Privacy Online Program, 317 Madison Avenue, 22nd Floor New York, NY 10017, U.S.A. or privacy@esrb.org.
Nintendo 3DS - Health and Safety Precautions
Important Safety Information - Read the following warnings before setup or use of the Nintendo 3DS system. If this product will be used by young children, this manual should be read and explained to them by an adult. Failing to do so may cause injury. Please carefully review the instruction booklet for the game you are playing for additional health and safety information.
Please scroll down to read the entire document.
-
WARNING - 3D FEATURE ONLY FOR CHILDREN 7 AND OVER
- Some people (about 1 in 4000) may have seizures or blackouts triggered by light flashes or patterns, and this may occur while they are watching TV or playing video games, even if they have never had a seizure before.
- Anyone who has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should consult a doctor before playing a video game.
- Parents should watch their children play video games. Stop playing and consult a doctor if you or your child has any of the following symptoms:
- Convulsions
- Eye or Muscle Twitching
- Loss of Awareness
- Altered Vision
- Involuntary Movements
- Disorientation
- To reduce the likelihood of a seizure when playing video games:
- Sit or stand as far from the screen as possible.
- Play video games on the smallest available television screen.
- Do not play if you are tired or need sleep.
- Play in a well-lit room.
- Take a 10 to 15 minute break every hour.
- Avoid excessive play. It is recommended that parents monitor their children for appropriate play.
- Take a 10 to 15 minute break every hour, or every half hour when using the 3D feature, even if you don’t think you need it. Each person is different, so take more frequent and longer breaks if you feel discomfort.
- If your eyes become tired or sore while playing, or if you feel dizzy or nauseated, stop and rest for several hours before.
- If you continue to have any of the above symptoms, stop playing and see a doctor.
- Avoid excessive play. Parents should monitor their children for appropriate play.
- Take a 10 to 15 minute break every hour, even if you don't think you need it.
- When using the stylus, you do not need to grip it tightly or press it hard against the screen. Doing so may cause fatigue or discomfort.
- If your hands, wrists, arms or eyes become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again.
- If you continue to have any of the above symptoms or other discomfort during or after play, stop playing and see a doctor.
- Do not expose battery to excessive physical shock, vibration, or liquids.
- Do not disassemble, attempt to repair or deform the battery.
- Do not dispose of battery pack in a fire.
- Do not touch the terminals of the battery, or cause a short between the terminals with a metal object.
- Do not peel or damage the battery label.
- Do not operate the Nintendo 3DS system within 9 inches of a pacemaker while using the wireless feature.
- If you have a pacemaker or other implanted medical device, do not use the wireless feature of the Nintendo 3DS system without first consulting your doctor or the manufacturer of your medical device.
- Observe and follow all regulations and rules regarding use of wireless devices in locations such as hospitals, airports, and on board aircraft. Operation in those locations may interfere with or cause malfunctions of equipment, with resulting injuries to persons or damage to property.
-
Viewing of 3D images by children 6 and under may cause vision damage.
Use the Parental Control feature to restrict the display of 3D images for children 6 and under. See the Parental Controls section in this manual for more information.
WARNING - Seizures
WARNING - EYESTRAIN AND MOTION SICKNESS
Playing video games can result in eyestrain after a sustained period of time, and perhaps sooner if using the 3D feature. Playing video games can also result in motion sickness in some players. Follow these instructions to help avoid eyestrain, dizziness, or nausea:
WARNING - Repetitive Motion Injuries
Playing video games can make your muscles, joints or skin hurt. Follow these instructions to avoid problems such as tendinitis, carpal tunnel syndrome or skin irritation:
WARNING - Battery Leakage
The Nintendo 3DS system contains a rechargeable lithium ion battery pack. Leakage of ingredients contained within the battery pack, or the combustion products of the ingredients, can cause personal injury as well as damage to your Nintendo 3DS system. If battery leakage occurs, avoid contact with skin. If contact occurs, immediately wash thoroughly with soap and water. If liquid leaking from a battery pack comes into contact with your eyes, immediately flush thoroughly with water and see a doctor.
To avoid battery leakage:
WARNING - Radio Frequency Interference
The Nintendo 3DS system can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers.
IMPORTANT: The Nintendo 3DS system allows you to disable wireless communication. To turn off all wireless communication, push the wireless switch to turn the feature off. See page 12 for more information. Make sure the wireless LED is off.
Refer to the separate Nintendo 3DS Hardware Precautions and Maintenance information for additional information on hardware and software precautions and maintenance.
This is the same End User License Agreement (EULA) that must be accepted when a Wii console is powered on for the first time. It is provided here for your convenience should you need to review it.
Last updated: June 22, 2010
Chapter I: Wii Network Service
Article 1: Grant of License
- Although the Wii Network Service is intended for your personal recreational use, you are responsible for anyone using the Wii Network Service through your Wii Console (whether you gave them permission or not), and for ensuring they understand and agree to this agreement.
- You may not use the Wii Network Service for commercial or illegal purposes, in a way that may harm another person or company, or in any unauthorized or improper manner as we may specify from time to time in this agreement, our Wii Code of Conduct, or otherwise.
- You must clear all Content, Third-Party Data, and any other stored sensitive or personal information stored on your Wii Console prior to selling or otherwise transferring your Wii Console. If you acquire a used Wii Console, you must clear, and may not use, any of this data if still on the Wii Console when you acquire it.
- The Wii Network Service is licensed to you for use on your Wii Console only in the United States, Canada, or Latin America.
Nintendo grants you a personal, limited, non-exclusive, revocable (in whole or in part) license to use the Wii Network Service, pursuant to this agreement. Specifically:
Chapter II: Unauthorized Software, Services, or Devices or Unlicensed Accessories
Your Wii Console and the Wii Network Service are not designed for use with unauthorized software, services, or devices or non-licensed accessories, and you may not use any of these with your Wii Console or the Wii Network Service. Such use may be illegal, voids any warranty, and is a breach of this agreement. Such use may also lead to injury to you or others or cause performance issues or damage to your Wii Console or the Wii Network Service. We (and our licensees and distributors) are not responsible for damage or loss caused by unauthorized software, services or devices or non-licensed accessories. We may take steps to disable or delete any unauthorized software, services or device installed in your Wii Console, for example, by detecting and disabling them through the Wii Network Service and/or game software. If we detect unauthorized software, services, or devices, your access to the Wii Network Service may be disabled and/or the Wii Console or games may be unplayable.
Chapter III: Updates/Changes
You understand that the Wii Console specifications and the Wii Network Service are constantly evolving and that we may update or change your Wii Console or the Wii Network Service in whole or in part, without notice to you. Such updates may be required for you to play new Wii games or continue to access the Wii Network Service. We may also upgrade, change, or terminate the Content or game software or may discontinue offering Products without notice to you.
Chapter IV: Wii Shop
Article 1: Wii Shop Account
You must create a Wii Shop Account to use the Wii Shop. A Wii Shop Account is personal to you. You are responsible for monitoring use of, and limiting access to, your Wii Shop Account and for anyone using your Wii Shop Account, even without your permission.
Article 2: Downloads and Purchases
The Wii Shop allows you to use Points to download a license to use Content or purchase Products (and may also allow you to do such things as download licenses to use certain Content for free, or use your Points to send Content to a friend). Points are primarily intended for the purchase of downloadable video game content, and are taxed accordingly. Points are not your personal property. Points have no cash or monetary value and are non-refundable.
Once you place Points into your Wii Shop Account, you may not withdraw, sell, or transfer them to another. You are responsible for your or anyone else's use of Points in your Wii Shop Account, even if you did not give them permission to use those Points.
If we suspect fraudulent or unlawful activity concerning your Wii Shop Account or your use of Points, we may cancel, suspend, or otherwise limit your access to all or part of the Wii Network Service. If, as a result, your Wii Shop Account or your Points are deleted, they will be reinstated at our sole discretion.
Article 3: Credit-Card Charges and Your Billing Account
You may use your credit card to purchase Points through the Wii Shop. If you use a credit card, you represent that you are authorized to do so and you agree that you are responsible for all charges to that credit card. Unless otherwise required by law, charges to the credit card to purchase Points are nonrefundable.
Article 4: Account History
Each time you purchase Points through the Wii Shop, and each time you use Points to license Content or purchase Products, the transaction will be reflected in your account history. Account-history information for each transaction will be available for at least one year through the Wii Shop.
Chapter V: Third-Party Data
We are not responsible for any Third-Party Data or for any action you may take relating thereto (including but not limited to modifying, distributing, or posting Third-Party Data). All Third-Party Data is the sole responsibility of the creator or sender of that Third-Party Data. Although we may choose to do so, we are not obligated to monitor, supervise, store, or maintain Third-Party Data or respond to complaints relating to Third-Party Data.
If legally permitted, we may access, use, and disclose any Third-Party Data in order to protect our rights or property, to protect other users of the Wii Network Service, or to comply with legal requirements such as a lawful subpoena. You understand that you have no expectation of privacy in anything you receive or transmit via the Wii Network Service.
Chapter VI: Other
Article 1: Third-Party Providers
We may use third parties to provide any portion of the Wii Network Service. We may offer third party services or material to you (including Content and Products) through the Wii Network Service, so you may use Points to purchase from us a license to use such Content or to get Product. We may also allow third parties to directly provide Third-Party Data to you through the Wii Network Service.
Article 2: Intellectual Property
We own all right, title and interest in, or have the right to distribute, use or sublicense, the Wii Network Service and the Nintendo IP. We do not provide you with any interest in the Wii Network Service or the Nintendo IP. Except as expressly authorized by us in writing, you may not create works based on the Wii Network Service or the Nintendo IP or modify, distribute, or transmit the Nintendo IP. If you do not abide by these requirements, Nintendo shall own all right, title, and interest in any works created, adapted, distributed, or transmitted via the Wii Network Service, or, in the alternative, an unlimited license thereto.
We respect the intellectual property of others. If you believe that any material within the Wii Console infringes upon any intellectual property right which you own or control, you may file a notice of such infringement with us, as provided in Article 15. Our entire Intellectual Property Policy may be viewed at www.nintendo.com/ippolicy.
Article 3: Hosting, Intercepting, Emulating, and Reverse-Engineering Prohibited
You may not host, intercept, emulate, or reverse engineer any part of the Wii Console or the Wii Network Service.
Article 4: Parental Controls Function
You may limit access to certain features of the Wii Console and the Wii Network Service through our parental controls function; however, you are responsible for any features or material that anyone accesses through your Wii Console even if you use the parental controls function.
Article 5: Code of Conduct
Your use of the Wii Network Service is subject to the Wii Code of Conduct, which prohibits all harmful, illegal or otherwise offensive conduct. The most current version of the Wii Code of Conduct, which may be revised by us from time to time, is posted at http://support.nintendo.com. You may also contact our customer-service department, and we will mail you the current version, free of charge.
Article 6: Submissions
Please do not send us any creative or original materials such as ideas for toys, games, or other products, or any creative suggestions, ideas, notes, drawings, concepts, or other information through the Wii Network Service or otherwise. Any unsolicited submissions become our sole and exclusive property and may be used by us with no obligation of confidentiality, payment, or attribution.
Article 7: Protection of Personal Information
We are committed to protecting the privacy and security of your personal information. Your use of the Wii Network Service is subject to the Wii Privacy Policy, which applies to information submitted or collected through the Wii Network Service. The most current version of the Wii Privacy Policy, which may be revised by us from time to time, is posted at http://support.nintendo.com. You may also contact our customer-service department, and we will mail you the current version, free of charge.
Article 8: Warranties
ALTHOUGH WE STAND BEHIND OUR SERVICE, CONTENT AND PRODUCTS, WE AND OUR LICENSEES, LICENSORS AND SUPPLIERS ARE PROVIDING THE Wii NETWORK SERVICE "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE), TO THE MAXIMUM EXTENT PERMITTED BY LAW. USE OF THE Wii NETWORK SERVICE IS AT YOUR SOLE RISK. THIS MEANS, FOR EXAMPLE, THAT WE DO NOT GUARANTEE THAT THE Wii NETWORK SERVICE WILL ALWAYS WORK PROPERLY. THIS ALSO MEANS WE DO NOT GUARANTEE THAT THE Wii NETWORK SERVICE, CONTENT OR PRODUCTS WILL BE FREE FROM VIRUSES, HACKS, OR OTHER POTENTIALLY HARMFUL INTRUSIONS. PLEASE NOTE THAT SOME STATES DO NOT ALLOW SUCH WARRANTY LIMITATIONS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE SEE THE Wii OPERATIONS MANUAL FOR ANY WARRANTIES THAT APPLY TO THE Wii CONSOLE.
Article 9: Limitation on Claims
If you think you have a claim against us related to the Wii Console or the Wii Network Service, you must take legal action within one year after the date of the alleged incident. After the one-year period expires, you may never raise that claim.
Article 10: Change, Suspension or Discontinuance of Wii Network Service
We may change, suspend, or discontinue the Wii Network Service, or any feature or aspect of the Wii Network Service, at any time, with or without notice to you, and without liability to us. This includes, but is not limited to, the availability of all or any portion of the Wii Network Service, Content, Products, Points, and the number of Points required to redeem particular Content or Products.
Article 11: Limited Responsibilities and Indemnification
- Your ability to recover damages or losses from us is limited: you may recover only direct damages, up to the total amount you have ever paid for Points. Generally, direct damages are losses you (or anyone else) suffer as the immediate result of something someone has done wrong.
- You may not recover any other types of damages, no matter the reason. For example, sometimes a court will award a special amount of damages to punish the person at fault, or, a person might have to pay for damages where the person did not directly cause harm. You agree that we will never have to pay punitive, special, consequential, or incidental damages to you.
- We are also not liable to anyone else, or for the actions or inactions of anyone else. For example, if your friend is somehow harmed using the Wii Network Service or the Wii Console, we are not responsible to you, your friend, or anyone else. If another person somehow harms you while using your Wii Console or Wii Network Service, we are not liable to you for that other person's actions.
You agree to waive any and all rights to claim damages or losses caused to you or relating to your inability to use the Wii Network Service (or to anyone else using the Wii Network Service through your Wii Console). You understand you might never be fully compensated for that damage or loss if we or one of our licensees, licensors or suppliers (collectively referred to in this Article 11 as "we" or "us") somehow harm you. This is because we limit our liability to you (and to others) in several ways:
These limitations on liability apply to all matters relating to the Wii Network Service and the Wii Console, including your use of the Wii Network Service and your use of Content or Products that do not specify other limitations on liability. These limitations also apply to any legal or equitable theory, including but not limited to breach of contract, breach of warranty, strict liability, negligence, or other tort. Please note, however, that some states or provinces do not permit certain limitations like these, so these limits on other damages may not fully apply to you.
If you breach this agreement, and we or another company or person is harmed by your breach, then you must indemnify us (and our licensees, licensors, and suppliers and any of our employees) from all of the losses and costs related to your breach, including our attorneys' fees. You must also indemnify us for any claims relating to Third-Party Data modified, created, or sent by you.
Article 12: Expiration and Termination of Agreement
- You may cancel your Wii Shop Account by contacting our customer-service department or by following the instructions in the Wii Shop. If your Wii Shop Account is canceled or terminated for any reason, you will no longer be able to use the Wii Shop. You will lose all downloaded Content and forfeit any rights to any unused Points, which become our property.
- You may terminate this agreement by removing Content from your Wii Console, discontinuing use of the Wii Network Service, and forfeiting any rights to Points in your Wii Shop Account, which become our property.
- We may terminate this agreement, or any portion thereof, at any time, for any reason whatsoever. Such termination will void any licenses granted in accordance with this agreement and may prevent your use of the Wii Network Service.
- We have no obligation to return or refund Points to you, even if the agreement ends.
- In the event this agreement is terminated or canceled, the following sections will remain in effect: Unauthorized Software, Services, or Devices or Unlicensed Accessories; Credit-Card Charges and Your Billing Account; Intellectual Property; Hosting, Intercepting, Emulating, and Reverse-Engineering Prohibited; Submissions; Warranties; Limitation on Claims; Limited Responsibilities and Indemnification; Expiration and Termination of Agreement; Governing Law, Legal Jurisdiction, and Interpretation of Agreement.
Article 13: Current Agreement and Update
We may change the terms and conditions of this agreement, the Wii Code of Conduct, or the Wii Privacy Policy, at any time. A current version of this agreement will be available on the Internet at http://support.nintendo.com. If you do not have Internet access, you may contact our customer-service department, and we will mail you a current version of this agreement, free of charge. We will post notice on http://support.nintendo.com if the agreement is changed at least 5 days before the changes become legally binding. If you do not agree to these changes, you must cancel your Wii Network Service in accordance with this agreement. If you do not have Internet access, you should periodically contact our customer-service department and ask whether there have been any changes to the agreement since the last version you obtained.
Article 14: Sale, Transfer and Assignment Prohibited
You may not assign all or any part of this agreement or sell or transfer any Content or your Wii Shop Account to any third party. Any attempt by you to do so is void.
Article 15: Customer Service/Notices
To contact our customer-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; or (iii) call, toll free, 1-888-977-7627.
For all legal matters, such as to file a claim against us or to notify us of an alleged infringement, you must contact or notify us in writing at: Nintendo of America Inc. Attn: General Counsel, 4600 150th Ave NE, Redmond, WA 98052.
Article 16: Governing Law, Legal Jurisdiction, and Interpretation of Agreement
This agreement and any claims arising under it is governed by the laws of the state of Washington, without reference to conflict of laws principles. If you want to sue us with respect to a claim related to this agreement, your lawsuit must be brought in King County, Washington, and you consent to the jurisdiction of courts located there. You agree that if any part of this agreement is determined to be invalid or unenforceable, that part will no longer apply and will be considered deleted from the agreement, but all other parts of the agreement will remain in effect. You further agree that we may replace the invalid part by a provision which reflects or comes closest to reflecting the initial intention. If we choose not to enforce a provision of the agreement, you agree that we are not waiving our right to do so in the future.
Article 17: Definitions
"Content" means the software, services, material and other data which we own or have the right to use, distribute or sublicense, and which we send to, or make available as a download through, the Wii Console or the Wii Network Service.
"Club Nintendo" means the loyalty program offered by Nintendo.
"Nintendo IP" means all intellectual property, including but not limited to trademarks, copyrights, moral rights, inventions, patents, trade secrets, know-how and other confidential and proprietary information which we developed, own or have a license to use.
"Points" means the points that you purchase from us through the Wii Shop or through points cards sold or distributed by us or our retailers and promotional partners and that you may exchange with us for a license to download Content or to purchase Products.
"Products" means any goods other than Content that are made available for purchase from us through the Wii Shop.
"Third-Party Data" means Content or other software, services, material, messages (including commercial and non-commercial messages), links to Internet sites, and other data either created by, or sent to, your Wii Console through the Wii Network Service by any non-Nintendo entity or person (including you).
"Wii Console" means Nintendo's system (including the Wii Remote controller) sold and marketed by Nintendo under the Wii brand, including any succeeding systems and compatible systems.
"Wii Network Service" means the service whereby we can distribute Content, messages (including commercial and non-commercial messages) and other data to your Wii Console, or link you to an Internet site, and whereby you can send and receive Content, messages (including commercial and non-commercial messages), and other data, including Third-Party Data, using your Wii Console. The "Wii Network Service" includes, but is not limited to, the Wii Shop.
"Wii Shop Account" means an account on your Wii Console which you set up and use in connection with the Wii Shop.
"Wii Shop" means our online Wii Console's store, which offers such things as Points, Content, Products, and a download service, all of which Nintendo directly or indirectly operates.
Last Updated: March 25, 2009
Nintendo is dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect. Our Wii Network Service Privacy Policy (Wii Privacy Policy) is intended to provide you with an understanding of information that is submitted and collected through the Wii Network Service. We may revise and update this Wii Privacy Policy from time to time. Please review the most recent version posted on http://support.nintendo.com often to ensure you are aware of any changes, or contact our customer-service department at (888) 977-7627 for the most current version. This Wii Privacy Policy only applies to information submitted or collected through the Wii Network Service. Information you may submit through any of Nintendo's web sites is subject to the privacy policy posted on those sites.
Please read this Wii Privacy Policy, which applies to use of the Wii Network Service by you and any other person using your Wii Console. Capitalized terms in this Privacy Policy have the meaning assigned to them in the Wii End User License Agreement unless defined otherwise herein.
ATTENTION PARENTS OR LEGAL GUARDIANS: PROTECTING CHILDREN'S PRIVACY
Before allowing your children to use the Wii Network Service, we strongly recommend you educate them on the importance of not sharing personal information about themselves with strangers. In particular, we recommend you tell your children not to use personal information for any nicknames on games, user names, names for Miis or any other applications that use the Wii Network Service. You should also keep in mind that certain Wii games use the Wii Network Service to create the opportunity for users to communicate in-game.
We strongly recommend you assist your children with the setup of the Wii Network Service, and that you supervise your children's use of the Wii Network Service at all times. You can restrict use of certain aspects of the Wii Network Services by setting up the Wii Console's parental controls function. You may also disconnect your Wii Console from the Wii Network Service, as explained in your Wii Operations Manual.
INFORMATION COLLECTED
Personal Information is information that may be directly linked to you such as your name, address, telephone number, or name based e-mail address (for example, MyWii@Nintendo.com). We may ask you to provide us with certain Personal Information when you register your Wii Console on the Wii Network Service, download games or contact us with questions or comments. In addition to the Personal Information you provide to us, we may anonymously collect information from you such as your age, gender, geographic area, Wii Console identifier and Wii message address, without linking your Personal Information to this anonymous information. We will not link your Personal Information with any anonymous information we collect from you unless (1) you authorize us to do so; (2) you choose to link your Wii Shop Account to your Club Nintendo account; or (3) we notify you first. In order to provide you with more customized services, we may also receive and record information on our server logs from the Wii Network Service, including but not limited to your internet protocol (IP) address, cookies, transactions, settings and download activity. If you provide sensitive information when communicating with third parties via the Wii Network Service, Nintendo does not receive or collect that information. Your Wii Console may store that sensitive information for your convenience.
HOW SUCH INFORMATION IS USED
We may request either personal or anonymous information from you for several purposes including to: (i) complete your Wii Network Service registration; (ii) customize your Wii Shop catalog and other catalogs; (iii) communicate with you regarding games, contests, sweepstakes, surveys, product changes, system issues and more; (iv) allow you to participate in the Wii messaging service, message boards and other Wii online services; (v) process orders you have placed through the Wii channels; and (vi) set up repair orders. Some of the types of information collected and the way the information is handled are detailed by category below.
Surveys: We may conduct surveys of Wii Console users. The information we collect from you in a survey will be demographic or opinion information and will not be tied to your Personal Information unless we notify you otherwise. The results of aggregate data collected from surveys, but not Personal Information, may be disclosed to the public.
Contests and Sweepstakes: We may host various contests and sweepstakes. To enter you may be required to submit certain Personal Information about yourself. For more information about Nintendo contests or sweepstakes, please see the official rules of the contest or sweepstakes you are entering.
Nintendo Channel: You may choose to share certain anonymous information with us through the Nintendo Channel, which we may use to make certain recommendations to you or to develop new games and services. The Nintendo Channel does not collect Personal Information. Your use of the Nintendo Channel is anonymous and will remain so unless you choose to link your Wii Shop Account to your Club Nintendo account. For more information, please select the "How Your Information Is Used" menu in the Settings section of the Nintendo Channel or visit http://support.nintendo.com.
Wii Shop Account: If you pay for items through the Wii Shop with your credit card, you need to provide a valid credit card number, expiration date, credit card security code and your city, state/county/province and zip code/postal code. We do not ask for your name or your complete address unless you order items that we must ship to you, rather than deliver via a download. You must be over the age of 18 to enter into the Wii Network Service User Agreement, and to place orders online. Any credit card information you submit through the Wii Shop will be transmitted in an encrypted manner. All such encrypted information will be maintained and processed by Nintendo and its trusted third party credit card processor on secure computers that are not accessible from the Internet. This encrypted information is subject to the section below entitled "Security."
Wii Message Service: When you connect to the Wii Network Service, we provide you an automatically generated Wii message address. Your Wii message address is anonymous and will remain so unless you choose to (a) share it with other people in order to send Wii messages; (b) share it with other people in order for them to add your Wii Console to their in-game friend list; or (c) link your Wii Shop Account to your Club Nintendo account. You have the ability to choose through our parental controls function whether to allow use of the Wii message service on your Wii Console. If you choose not to use the Wii message service, you will not receive emails from third parties. You also can choose not to receive certain messages from Nintendo by selecting the "opt-out" option on Wii channels or by using the opt-out option included in commercial messages sent by Nintendo to your Wii message address. However, you may still receive messages on your Wii Message Board that originate from members of your household as well as messages from us related to transactions or services you have specifically requested; in response to any email from you to us; to notify you of updates or changes to our policies and procedures; or to otherwise provide you with information important to all Wii users.
IP Addresses: Your Wii Console is automatically assigned an IP address by your Internet Service Provider when you connect to the Wii Network Service. The Wii Network Service automatically creates log files of user activities on the Wii Network and may also record the IP address of users. In general, we only use log files to monitor traffic on our Web sites and to troubleshoot technical problems. In the event you do not comply with our Wii Code of Conduct when using the Wii Network Service, however, we may block your IP address. We do not link IP addresses to Personal Information unless we notify you or unless necessary to enforce our Wii Code of Conduct or respond to legal process.
Web Beacons: The Wii Network Service uses common Internet technology called "Web beacons" (also called "Web bugs," "action tags," "pixel trackers," or "clear GIFs"), which are small graphic images placed on a Web page, Web-based document, or in an e-mail message, designed to collect certain information and monitor user activity online. Web beacons are invisible to you because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document or e-mail message. We may use Web beacons to collect non-personal information such as the Wii Console IP address, the URL of the page the Web user comes from, and the time the Web beacon is activated (such as when you view the Web page, advertisement, or e-mail containing the Web beacon). We do not use Web beacons to collect Personal Information.
Cookies: The Wii Network Service may use cookies, which are small text files that a Web site places on your Wii Console. These files identify your Wii Console and record data about your visit so that when you return to the site, the site recognizes your Wii Console and can personalize your visit. Cookies may be linked to your transaction history, game play or other information gathered through the Wii Network Service. We may use information collected by cookies, as well as other tools such as log files or Web beacons, for determining how to improve the Wii Network Service by seeing which areas, features, and products are most popular; personalizing the services and making recommendations based on downloaded products; and completing transactions you have requested. In the event you visit a third party's website through the Internet browser option offered on the Wii Network Service, or we employ a third party advertising company to display ads on the Wii Network Service, those websites or ads may also contain cookies. Any information gathered through such cookies is collected by the third party, not by us, and we have no access to or control over these cookies or the information contained within them.
Other: In order to constantly improve the products and services we provide and better meet your needs, we may also use your Personal Information as well as anonymous information for our internal marketing, demographic studies, and quality assurance. In some cases, we may add to or update your Personal Information with data collected from other sources (e.g., mail-in registration cards or date of purchase information from retailers). If we combine information collected offline with information collected through the Wii Network Service, the combined information will be treated in accordance with this Wii Privacy Policy.
DISCLOSURE OF INFORMATION
We do not sell or rent any of our customers' Personal Information to third parties. We may, however, share personal or anonymous information with our vendors to help us perform various functions necessary to operate our business (for example, completing downloads or purchases made through the Wii Shop, developing and executing marketing campaigns, etc.) and with our affiliated companies. We may disclose Personal Information in order to comply with legal process, respond to claims or inquiries, or protect the rights, property or personal safety of Nintendo, our customers or the public. In addition, information about our customers, including Personal Information, may be disclosed as part of any merger, sale, transfer of company assets, or acquisition, if permitted by and done in accordance with applicable laws.
LINKING ACCOUNTS
You may link your Wii Shop Account to your Club Nintendo account in order to receive personalized content and participate in a variety of activities, promotions and programs. If you would like to link your accounts, you may do so when you register your Wii Console on the Wii Shop. Once you have linked your Club Nintendo account to your Wii Shop Account, any personally identifiable information you enter on your Club Nintendo account will be linked to your Wii Shop Account. Please note that if you opt-in to receive messages from us in your Club Nintendo account, we may send messages to your Wii message address or other messaging devices you designate such as your mobile phone.
Wii CHANNELS AND GAMES
Certain Wii games and Wii channels give you the opportunity to nickname your Miis, create a user id and interact with other Wii users. We strongly encourage you not to use your own name for any Miis or any user ids you may create. In addition, we strongly encourage you not to share Personal Information about yourself and not to allow your children to share Personal Information about themselves with other Wii users.
For certain Wii Content, including some Wii games and Wii channels, your Wii Friends may have access to information such as whether you have downloaded or are using a particular Wii game or Wii channel.
INFORMATION STORED ON YOUR Wii REMOTE AND Wii CONSOLE
Certain sensitive or Personal Information about you may be stored on your Wii Console. For your protection, before selling or otherwise transferring your Wii Console, please be sure to clean and securely remove all Personal Information, Wii messages, any pictures or messages on the message board, and all other stored sensitive information on the Wii Network Service, your Wii Console, Wii Remote and/or Wii accessories. For instructions on formatting your Wii Console and clearing your Wii Shop Account activity, please review the Wii Operations Manual: Channels and Settings.
Your Wii Console may allow certain sensitive or Personal Information to be stored on the Wii Remote as well. Accordingly, by using your Wii Remote on a Wii Console other than your own, it is possible that certain sensitive or Personal Information about you could be shared with the other Wii Console.
UPDATES AND UPGRADES
We may without notifying you, download updates, patches, upgrades and similar software to your Wii Console and may disable unauthorized or illegal software placed on your Wii Console to ensure that your Wii Console is operating properly and efficiently, comply with applicable laws, assist law enforcement, protect us and our customers, or prevent the use and distribution of software obtained through improper channels.
SECURITY
We have established reasonable safeguards to secure Personal Information collected directly by us in an effort to ensure the security, integrity and privacy of the Personal Information collected and transferred through your Wii Network Service. We also have implemented reasonable security measures in an effort to protect information under our control against loss, misuse or alteration. While we strive to safeguard your Personal Information, no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
Please note that information collected from and provided by you to other persons or entities may not have the same security protections as information you submit to us, and you are responsible for protecting the security of any such information.
OPTING OUT AND UPDATING YOUR INFORMATION
In order to completely opt-out from the collection of any information about you relating to the Wii Network Service, both anonymous and personal, you must disable your Wii Network Service. If you have linked your Club Nintendo account to your Wii Shop Account, Nintendo Channel or Wii message address (collectively, "Features"), you must unlink those Features from your Club Nintendo account in order to stop the collection of information about you. You may do so in the Settings section of the Wii Shop.
INTERNATIONAL USERS
Any information you provide or that is collected through the Wii Network Service may be stored and processed in the United States or any other country in which we or our affiliated companies, vendors or agents maintain facilities. As such, personal information may be accessed by foreign governmental authorities and otherwise in accordance with the laws applicable in the jurisdiction in which it is stored. By using the Wii Network Service, you consent to such storage and processing. We abide by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. However, this Wii Privacy Policy is intended to meet the laws and requirements of the United States and those of Canada and Latin America, which may not be the same as the laws and regulations of your home country. If you are not located in the United States, Canada or Latin America please go back to the country selection screen and select an appropriate country so that you will be aware of the policies that apply to you.
CONTACT US WITH YOUR PRIVACY QUESTIONS, COMMENTS OR CONCERNS
If you have any questions, complaints or comments regarding this Wii Privacy Policy or our practices, please contact the Nintendo Wii Privacy Policy Administrator via e-mail at privacypolicy@noa.nintendo.com, by phone at (888) 977-7627, or by regular mail at Nintendo, Attn: Online Privacy Policy Administrator, 4820 150th Avenue NE, Redmond, WA 98052.
Nintendo is a licensee of the Entertainment Software Rating Board's Privacy Online Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy_wc_hotline.asp. ESRB Attn: Privacy Online Program, 317 Madison Avenue, 22nd Floor New York, NY 10017 (212) 759-0700 or privacyinfo@esrb.org.
Some people (about 1 in 4000) may have seizures or blackouts triggered by light flashes or patterns, and this may occur while they are watching TV or playing video games, even if they have never had a seizure before..
Anyone who has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should consult a doctor before playing a video game.
Parents should watch their children play video games. Stop playing and consult a doctor if you or your child has any of the following symptoms:
- Convulsions
- Eye or muscle twitching
- Loss of awareness
- Altered vision
- Involuntary movements
- Disorientation
To reduce the likelihood of a seizure when playing video games:
- Sit or stand as far from the screen as possible.
- Play video games on the smallest available television screen.
- Do not play if you are tired or need sleep.
- Play in a well-lit room.
- Take a 10 to 15 minute break every hour.
Playing video games can make your muscles, joints, skin or eyes hurt. Follow these instructions to avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:
- Avoid excessive play. Parents should monitor their children for appropriate play.
- Take a 10 to 15 minute break every hour, even if you don't think you need it.
- If your hands, wrists, arms or eyes become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again.
- If you continue to have any of the above symptoms or other discomfort during or after play, stop playing and see a doctor.
To avoid electric shock when you this system:
- Do not use the Wii during a lightning storm. There may be a risk of electric shock from lightning.
- Use only the AC Adapter that comes with your system.
- Do not use the AC Adapter if it has damaged, split or broken cords or wires.
- Make sure that the AC Adapter cord is fully inserted into the wall outlet or extension cord.
- Always carefully disconnect all plugs by pulling on the plug and not on the cord. Make sure the Wii power button is turned OFF before removing the AC Adapter cord from an outlet.
Playing video games can cause motion sickness in some players. If you or your child feel dizzy or nauseous when playing video games, stop playing and rest. Do not drive or engage in other demanding activity until you feel better.
WARNING - Radio Frequency InterferenceThe Wii console and Wii Remote can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers.
- Do not operate the Wii console or remote within 9 inches of a pacemaker.
- If you have a pacemaker or other implanted medical device, do not use the Wii console or remote without first consulting your doctor or the manufacturer of your medical device.
The Wii console is a Class I laser product. Do not attempt to disassemble the Wii console. Refer servicing to qualified personnel only.
Caution: Use of controls or adjustments or procedures other than those specified herein may result in hazardous radiation exposure.
Specifications:
Laser Type: Semiconductor laser
Laser wave length: 662nm (typ.)(647nm~687nm)
Laser power: Max. 0.9mW
Numeric aperture: 0.6
CAUTION
- Console Damage
The console can be damaged if knocked over, especially if this occurs during operation of the disk drive. The Wii stand plate has been included to increase stability of the Wii console, and should be used if the console is placed in a vertical position.
CAUTION
- TV Screen Damage
Some televisions can be damaged by the display of a stationary image, because the image may be permanently "burned" into the screen. Playing video games with stationary images or patterns, or leaving video games on hold or pause, may lead to this type of damage. When taking a break, place the game on pause and turn the TV off until you are ready to play again.
Before using your Wii system with any TV, especially front and rear projection or plasma models, be sure to review all documentation included with your TV to find out whether video games can be played on the TV without damaging it.
If in doubt, contact the manufacturer of the TV. Neither Nintendo nor any of Nintendo's licensees will be liable for any damage to your TV.
WARNING
- Battery Leakage
Leakage of battery fluid can cause personal injury as well as damage to your remote. If battery leakage occurs, thoroughly wash the affected skin and clothes. Keep battery fluid away from your eyes and mouth. Leaking batteries may make popping sounds.
To avoid battery leakage:
- Do not mix used and new batteries (replace all batteries at the same time).
- Do not mix different brands of batteries.
- Nintendo recommends alkaline batteries. Do not use Lithium ion, nickel cadmium (nicad), or carbon zinc batteries.
- Do not leave batteries in the remote for long periods of non-use.
- Do not recharge alkaline or non-rechargeable batteries.
- Do not put the batteries in backwards. Make sure that the positive (+) and negative (-) ends are facing in the correct directions. Insert the negative end first. When removing batteries, remove the positive end first.
- Do not use damaged, deformed or leaking batteries.
- Do not dispose of batteries in a fire.
Wii Remote Precautions
Wii Remote Wrist Strap Replacement InformationNintendo is offering to replace the original version of the wrist straps for the Wii Remote with a newer version. We have received some reports that when consumers swing the Wii Remote with the original version of the wrist-strap using excessive force and accidentally let go, the cord connecting the controller to the wrist strap can break, potentially causing the Wii Remote to strike bystanders or objects. Because Wii consoles shipped starting in early December 2006 already utilized the newer version of the strap, you will need to determine which version of the strap you have before ordering a replacement. To determine if you need the newer version of the strap, or to place an order for a replacement, click here.
- Use the Wrist Strap. Make sure that all players using the Wii Remote are wearing the wrist strap and that it has been tightened using the strap lock. When sharing the Wii Remote between multiple players, please be sure each person using the Wii Remote takes the time to properly put on the wrist strap. Wearing the wrist strap will help prevent the Wii Remote from flying across the room if you accidentally let go of it during game play.
- Hold the Wii Remote firmly and do not let go. Even while wearing the wrist strap, make sure you don't let go of the Wii Remote during game play and do not use excessive motion. For example, in Wii Sports bowling, the proper way to let go of the ball while bowling is to release the "B" button on the Wii Remote—DO NOT LET GO OF THE Wii REMOTE ITSELF. If you are having so much fun that you start perspiring, take a moment to dry your hands. If you use excessive motion and let go of the Wii Remote, the wrist strap may break and you could lose control of the Wii Remote. This could injure people nearby or cause damage to other objects.
- Feed the cord on the wrist strap through the connector hook.
- Insert the Nunchuk plug into the External Extension Connector on the bottom of the remote until it "clicks" into place.
- Make sure the wrist strap cord runs through the connector hook.
Wii Remote Precautions:
Additional Information on Using the Wrist Strap
Wii gameplay with the Wii Remote and Nunchuk can involve rapid or vigorous motion.
Please use the wrist strap to prevent losing your grip on the remote and causing
damage to the remote and surrounding objects, or injury to other people.
Play Area Precautions
Give yourself plenty of room. You will probably move around while using the Wii Remote, so be careful that all areas that you might move into are clear. Make sure that furniture, objects and people are out of the play area so you don’t accidentally bump into them while playing. Also, as indicated in the Wii Operations Manual, it is recommended to stay at least three (3) feet from the television.
Last Updated: March 25, 2009
This Wii Network Service Code of Conduct ("Wii Code of Conduct") outlines the rules that you must follow to participate in the Wii Network Service. These rules are designed to keep the Wii Network Service a friendly and safe environment.
The complete Wii Code of Conduct may be found at http://support.nintendo.com and may be revised by us at anytime. If you do not have Internet access, please contact Nintendo Customer Service and they will mail you a current version of the Wii Code of Conduct, free of charge. All capitalized terms not defined in this Wii Code of Conduct will have the meaning set forth in the Wii Network Services User Agreement.
- Your use of the Wii Network Service is subject to this Wii Code of Conduct, which prohibits all harmful, illegal or otherwise offensive conduct, including, but not limited to the following:
- Misrepresenting, impersonating, abusing, stalking, threatening or harassing any person or company, including, but not limited to other users, Nintendo itself, and/or its employees, moderators, or staff.
- Doing anything illegal, discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous or otherwise objectionable in connection with the Wii Network Service.
- Making, sharing or playing unauthorized copies of games, music or images on the Wii Console. This activity is illegal!
- Unauthorized technical modifications to your Wii Console voids your warranty and may be illegal. Nintendo may make technical changes to the Wii Console, software and/or Wii Network Service to disable the modification.
- Making new versions of existing Content or Products ("derivatives").
- Trying to access another person's Wii Network Service without permission or trying to access any of Nintendo's computers, hardware or networks used to provide the Wii Network Service.
- Cheating in a game, unless such cheats have been deliberately enabled.
- Hosting, intercepting, emulating, reverse engineering or redirecting the communication protocols used by Nintendo as part of the Wii Network Service, regardless of the method used to do so.
- Engaging in any commercial activity using the Wii Console or any other activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of a Wii Console, including the Wii Network Service or networks connected to the Wii Network Service.
- Accessing or attempting to access another person's Wii Console, including, but not limited to a person's Wii Shop Account without permission or trying to access any third party's, including, but not limited to Nintendo's computers, hardware or networks.
- Uploading, posting, emailing, transmitting or otherwise making 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 intellectual property or proprietary rights of any party; (c) any unsolicited or unauthorized advertising or promotional materials (e.g. "spam"); (d) information which personally identifies you or any third party; or (e) content to which you have disguised the origin.
- Nintendo is not responsible for anything you say or anything that happens on the Wii Network Service or as a result of your use of the Wii Network Service; you alone are responsible.
- Virtual Property. Some games or other content may have certain features that may be traded with other Wii Network Service users. For example, a game might give you the ability to create a character that gathers objects (like a car or gold coins) and has certain characteristics (like a special ability or appearance). These features are sometimes called "virtual property." Nintendo (or its licensors) own this virtual property, and you may not sell, trade, assign, license, or otherwise convey virtual property for real money or for Points.
- Nintendo reserves the right to immediately terminate or suspend your use of the Wii Network Service for, in Nintendo's sole discretion, any violation of this Wii Code of Conduct. Nintendo reserves the right to contact and cooperate with any law enforcement agencies, government officials or Internet Service Providers, as Nintendo believes in its sole discretion, is necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law.
We appreciate the interest in Nintendo and in all our video game products. To us, it represents a great sign of success and recognition of the Nintendo brand.
"Nintendo" is a registered trademark of Nintendo of America Inc. Nintendo owns extensive intellectual property rights in all of its products, including video game systems, game titles, characters, game software, graphics, artwork, and screen shots. Nintendo also retains rights in content on Nintendo's web sites, including articles, artwork, screen shots and other files. Trademarks and copyrights for third-party games and characters are owned by the companies that market or license those products.
While we are grateful for all the requests for permission to use Nintendo properties, we are not able to grant such requests. We receive thousands of requests and we do not have adequate staffing to review them all. Therefore, our general policy is to decline requests for permission for the use of Nintendo properties.
Although we are not able to grant permission, use of Nintendo's properties without formal permission by Nintendo may still be allowed under the relevant laws of the particular jurisdiction involved. Thus, we encourage you to seek your own legal counsel if you have any questions about whether your particular proposed use is permitted without Nintendo's authorization. Nintendo cannot provide legal advice.
We appreciate your support.
Here you will find links to information about our company's long and proud history, employment opportunities, legal and copyright information, and more.
Please select a category:
- Nintendo of America's Code of Conduct (Summary)
- Nintendo Product Recycling
- Company Connections
- Company FAQs
- Company History
- Corporate Social Responsibility Report
- Employment Opportunities
- Investor Relations
- Legal Information (Copyrights, Emulators, Etc.)
- Public Relations and Media Contacts
- Partnership, Sponsorship, and Promotional Product Donations/Purchases
- Fun Center Mobile Entertainment Unit