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Terms of Use Agreement
The Nintendo DS System ("DS") comes equipped with the
ability for wireless game play through the use of the Nintendo Wi-Fi Connection
service (the "Service") which is a service of Nintendo of Europe
GmbH, together with its subsidiaries, affiliates, agents, licensors and
licensees (collectively, "Nintendo," and sometimes referenced herein
by "we" or "our"). Nintendo provides the Service to you
subject to the terms of use set forth in this agreement ("Agreement").
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE
SERVICE AND/OR DS. BY USING THE SERVICE AND/OR DS, YOU ARE AGREEING TO BE
BOUND BY THIS AGREEMENT.
PLEASE NOTE THAT THIS AGREEMENT INCORPORATES OUR
PRIVACY POLICY AND ALSO CONTAINS PROVISIONS WHICH LIMIT AND/OR EXCLUDE OUR
LIABILITY TO YOU.
The terms of use contained in this Agreement shall apply
to you until you no longer use or access the Service, or until your use of the
Service is terminated. If at any time you no longer agree to abide by these or
any future terms of use, your only recourse is to immediately cease use of the
Service. We reserve the right, at our sole discretion, to change, modify, add,
or delete portions of this Agreement and to discontinue or modify the Service
at any time without further notice. If we do make any such changes that are
materially to your detriment, then we will ensure
that those changes are made reasonably apparent to you by online posting or
other means. Your continued use of the Service after any such changes,
constitutes your acceptance of the new terms of use. It is your responsibility
to regularly review this Agreement. You can review the most current version of
this Agreement at any time by visiting www.nintendowifi.co.uk.
User Conduct
It is important that you do your
part to keep the Service a friendly and clean environment. In particular, you
may not use the Service to:
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Upload, transmit, or otherwise make available any content that is
unlawful, harmful, harassing, or otherwise objectionable;
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harm minors in any way;
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misrepresent your identity or impersonate any person, including
the use or attempted use of anothers user ID, service or system;
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manipulate identifiers in order to disguise the origin of any
content transmitted through the Service;
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upload, post, email, transmit or otherwise make available: (a)
any content that you do not have a legal right to make available; (b) any
content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party; (c) any unsolicited or unauthorized
advertising or promotional materials (e.g. "spam"); or (d) any
material that contains software viruses or similar code or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
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use any portion of the Service for any unlawful purpose;
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engage in any activity that disrupts, diminishes the quality of,
interferes with the performance of, or impairs the functionality of, the
Services or networks connected to the Service; or
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undertake any other act that we determine to be harmful or
disruptive to Nintendo, the Service, any user, or any other third party, as set
forth in this Agreement or in any revised version of this Agreement.
Further, you
agree not to post, reveal or otherwise make available any personal information,
such as your real name, birth date, age, location, e-mail address or any other
personally identifiable information ("Personal Information"), on or
through the Service, as any Personal Information provided by you may be visible
to others.
Submissions
All content posted on, transmitted through, or linked from
the Service by users of the Service, whether or not solicited by Nintendo
(collectively, "Submissions"), is the sole responsibility of the
person from whom such Submissions originated. Nintendo is not obligated: (a)
to maintain any Submissions in confidence; (b) to store or maintain the
Submissions, electronically or otherwise; (c) to pay any compensation for any
Submissions or any use thereof; or (d) to respond to any user in connection
with or to use any Submissions. Nintendo shall not be liable for any use or
disclosure of any Submissions.
Disclaimer of Warranty; Limitation of Liability; Indemnification
THE SERVICE AND THE NINTENDO CONTENT, SUBMISSIONS, DATA OR
SOFTWARE AVAILABLE THROUGH IT (COLLECTIVELY, THE "CONTENT") ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE, INCLUDING
ALL CONTENT, DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH IT, IS AT
YOUR SOLE RISK AND NINTENDO ASSUMES NO RESPONSIBILITY FOR THE CONTENT OR YOUR
USE OR INABILITY TO USE ANY OF THE FOREGOING. WE DO NOT GUARANTEE THAT THE
CONTENT ACCESSIBLE OR TRANSMITTED THROUGH, OR AVAILABLE FOR DOWNLOAD FROM THE
SERVICE WILL REMAIN CONFIDENTIAL OR IS OR WILL REMAIN FREE OF INFECTION BY
VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR
DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, NINTENDO DISCLAIMS ALL FURTHER WARRANTIES, REPRESENTATIONS,
CONDITIONS OR OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE,
COLLATERALLY OR OTHERWISE WITH RESPECT TO THE SERVICE AND ALL CONTENT AVAILABLE
THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES,
CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE OR REASONABLE CARE AND SKILL.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NINTENDO
ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT
NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT, ERRORS,
SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT, NETWORK OR SYSTEM OUTAGES, FILE
CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF NINTENDO OR A
USERS OWN ERRORS AND/OR OMISSIONS. YOU UNDERSTAND AND AGREE THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DS OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, UNDER NO
CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL NINTENDO OR ITS
OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL LOSS AND/OR DAMAGES ARISING FROM OR IN CONNECTION WITH
THE USE OF OR THE INABILITY TO USE THE SERVICE OR ANY CONTENT CONTAINED
THEREON, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR CONTENT THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED,
INCLUDING BUT NOT LIMITED TO, LOSS AND/OR DAMAGES FOR USE OR OTHER INTANGIBLES,
EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND/OR
DAMAGES.
nintendo's
maximum liability to you in contract, tort (including negligence), statutory
duty or collaterally or otherwise arising out of or in connection with this
agreement shall be limited to £100 (ONE HUNDRED POUNDS) if you are resident in
the United Kingdom, the isle of man or the channel islands and shall be limited
to 150 (ONE HUNDRED AND FIFTY EUROS) if you are resident in the republic of
ireland. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,
NINTENDO WILL BE LIABLE TO YOU WITHOUT LIMIT FOR: (A) LIABILITY FOR DEATH OR
PERSONAL INJURY CAUSED BY NINTENDO'S NEGLIGENCE; (B) LIABILITY THAT ARISES
UNDER PART 1 OR SECTION 41 OF THE CONSUMER PROTECTION ACT 1987; AND (C)
LIABILITY ARISING FROM ANY STATEMENTS MADE FRAUDULENTLY BY NINTENDO.
You agree to fully indemnify and
keep fully indemnified, defend and hold harmless Nintendo and its service
providers from and against all liabilities, losses, expenses, damages and
costs, including reasonable attorneys' fees, arising from: (a) any
violation of this Agreement by you; (b) your violation of any rights of a
third party; (c) your violation of any applicable law or regulation;
(d) information or content that you submit, post, transmit or make available
through the Service; or (e) your use of the Service or the DS.
Access to Third Party Content
Through your access to the Service,
you may obtain, or third parties may provide, access to other World Wide Web
resources where you may be able to upload or download content, data or
software. Because Nintendo has no control over such sites and resources, we
explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on such sites or through such resources. We
do not make any representations or warranties as to the security of any
information (including, without limitation, credit card and other Personal
Information) you may provide to any third party, and you hereby irrevocably
waive any claim against us with respect to such sites and third-party content.
Friend Roster
As part of the Service, Nintendo may provide you with
access to and use of a friend roster where you may store user IDs provided to
you by others ("Friend Roster"). We cannot and do not represent the security
of the contents of such Friend Roster from unauthorized third parties. Transfer
or disposal of your DS, or failure to safeguard your DS from loss or misuse,
may lead to unauthorized access to and use of your Friend Roster. In addition,
unauthorized persons may gain access to one or more Friend Rosters that contain
your information without your knowledge. Nintendo will not monitor use of or
access to individual Friend Rosters and it is your responsibility to monitor
your interactions with other users of the Service.
Privacy
Nintendo cares about the privacy of
its users. By using the Service you agree to our Privacy Policy which is
available at http://privacy.nintendo.co.uk
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Disclaimer of Responsibility for Submissions
We have the right, but are not obligated, to strictly
enforce this Agreement through self-help, active investigation, litigation and
prosecution. Nintendo does not warrant, verify or guarantee, and is not liable
for, the quality, accuracy or integrity of any Submissions that you may
access. However, we reserve the right to, at our sole discretion, remove, take
down, destroy or delete any Submissions at any time and for any reason. We may
access, use and disclose any Submissions transmitted by you via or in
connection with the Service, to the extent permitted by law, in order to comply
with the law (e.g., a lawful subpoena); to protect our rights or property, or
to protect users of the Service from fraudulent, abusive, or unlawful use of
the Service. Any use of the Service in violation of the foregoing is in
violation of these terms and may result in, among other things, the termination
or suspension of your access to and use of the Service.
General
This Agreement constitutes the entire agreement between you
and Nintendo and governs your use of the Service, superseding any prior
agreements, representations, promises, understandings and arrangements (whether
oral or written) between you and Nintendo with respect to use of the Service.
You acknowledge that you have entered into this Agreement in reliance only on
the representations, warranties and promises specifically and expressly
contained or incorporated in this Agreement and, except as expressly set out in
this Agreement, Nintendo shall have no liability in respect of any other
representation, warranty or promise made prior to the date of this Agreement
unless it was made fraudulently. You also may be subject to additional terms
and conditions that may apply when you use affiliate services, third-party content
or third-party software. Nintendos failure to exercise or enforce any right
or provision of this Agreement shall not constitute a waiver of such right or
provision. If any of the terms of this Agreement shall be deemed invalid, void
or for any reason unenforceable, that term shall be deemed severable and shall
not affect the validity and enforceability of any remaining terms. Nintendo
may terminate this Agreement, or terminate or suspend your access to the
Service at any time, with or without cause, with or without notice.
Contact Us
www.nintendowifi.co.uk
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