Nintendo 3DS Service User Agreement and Privacy Policy
Last updated: 21/10/2010
THE FOLLOWING IS AN IMPORTANT LEGAL AGREEMENT.
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terms of this Agreement.
This is a binding Agreement between you, an individual, and
Nintendo of Europe GmbH,
Table of Contents
1. Nintendo 3DS Services: General Provisions
2. Specific Applications and Communication Methods
3. Privacy Policy
1. Nintendo 3DS Services: General Provisions
1.1. Subject Matter
The Nintendo 3DS Service User Agreement and Privacy Policy (this
“Agreement”) covers your use of the “Nintendo 3DS Services” (as defined in
Article 1.2. below).
1.2. Definitions
In this Agreement, the following terms shall have the following
meanings:
“Active Mode” refers to the mode of your Nintendo 3DS System
during normal operations (i.e. when your Nintendo 3DS System is not in Sleep
Mode).
“Friend” refers to a user of another Nintendo console with whom
you have established a friendship, either by exchanging friend cards using
Local Wireless or by entering each other’s friend codes directly and then
connecting to the internet.
“Funding Card” refers to prepaid cards sold or distributed by
Nintendo or Nintendo’s promotional partners which contain funds to be
transferred to your Shop Account.
“Local Wireless” refers to an electronic communication method
allowing your Nintendo 3DS System to send data to and receive data from other
Nintendo 3DS Systems within Local Wireless range of your Nintendo 3DS System
and without using internet communication; excluding, however, StreetPass.
“Mii” refers to a customisable, electronic avatar that you can
create and that you can use in compatible games, attach to messages and share
with other persons through the Nintendo 3DS Services.
“Network Content” refers to all software, information, games, demo
versions, material, data, messages, email and other content, whether commercial
or non-commercial content, of Nintendo and third party partners of Nintendo
which is provided and distributed in connection with the Nintendo 3DS Services,
including downloadable Shopping Service Products; excluding, however, User-Generated
Content and all commercial and non-commercial content provided on internet
websites operated by third parties
“Nintendo 3DS Services” refers to all network services provided by
Nintendo over an internet connection or any other electronic communication
method supported by the Nintendo 3DS System (whether cable or wireless, in any
telecommunication technology and means, including, but not limited to, wireless
internet connection, SpotPass and StreetPass).
“Nintendo 3DS System” refers to Nintendo’s handheld device
(including embedded software and accessories) sold and marketed by Nintendo
under the Nintendo 3DS brand, including any successor handheld devices and
compatible devices.
“Nintendo Intellectual Property” refers to all intellectual property,
including but not limited to registered and unregistered trade marks, service
marks, logos, registered and unregistered designs, copyrights, database rights,
inventions, patents, trade secrets, know-how and other confidential and
proprietary information which Nintendo developed, owns or is granted a licence
to use.
“Nintendo Zone” refers to a service that utilises Wi-Fi hotspots
and download stations to enable you to access, browse and/or download Network
Content, third-party data, including data of third party partners of Nintendo,
and other services, as well as to access, browse, download and/or upload
User-Generated Content.
“Personal Mii” refers to a certain Mii that you create and
register as your Personal Mii when the Mii creation application runs for the
first time. This Mii represents you on your friend list and within applications
and games (if supported).
“Relay Point for StreetPass” refers to a wireless LAN access point
that sends to, receives from and exchanges with your Nintendo 3DS System
Network Content and User-Generated Content via StreetPass.
“Shop Account” refers to a non-transferable personal account that
will be automatically established on your (i.e. on one particular) Nintendo 3DS
System upon acceptance of these terms, and which you use in connection with the
Nintendo 3DS shop applications.
“Shopping Service” refers to the services related to the Nintendo
3DS shop applications, in particular the crediting of funds to your Shop
Account, the sale of Shopping Service Products, the operation of an online
store and a download service.
“Shopping Service Products” refers to downloadable software and,
as the case may be, physical products available through the Shopping Service.
“Sleep Mode” refers to 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.
“SpotPass” refers to a wireless background internet communication
between your Nintendo 3DS System and a wireless LAN access point that connects to
the internet automatically without a special notification to you, either in
Active Mode or in Sleep Mode.
“StreetPass” refers to the wireless communication during Active or
Sleep Mode between (a) two Nintendo 3DS Systems that come within the StreetPass
range of each other (the range can be up to 100 metres) or (b) between a
Nintendo 3DS System and a Relay Point for StreetPass. StreetPass allows your
Nintendo 3DS System to send, receive and exchange Network Content and
User-Generated Content without your operation and with no special notification
to you.
“User-Generated Content” shall mean any communications, messages,
text, images, drawings, photos, sound, voice, audio recordings, music, movies,
information, data and any other material and content that is created by or
licensed to Nintendo 3DS users and that will be uploaded and/or used by
Nintendo 3DS users in connection with the Nintendo 3DS Services (including user
names, nicknames, Mii characters, Mii nicknames as well as custom levels, maps,
scenarios or other material created by a Nintendo 3DS user in connection with a
game or service available on the Nintendo 3DS System).
“User-Generated Content Restriction System” refers to a system
that (a) restricts you from receiving or sending certain User-Generated Content
created by from other users of a Nintendo 3DS System or (b) operates to prevent
any User-Generated Content from being spread in such manner and within such
scope as determined by Nintendo.
1.3. Grant of Licence
We grant you a personal right (licence) to use the Nintendo 3DS
Services, in accordance with this Agreement. Specifically:
• The Nintendo 3DS Services are solely for your own personal
recreational use (or, where you are a parent or legal guardian, personal
recreational use by your child). However, you accept responsibility for your
use and for anyone else’s use of the Nintendo 3DS Services through your
Nintendo 3DS System, whether or not you give them permission to do so.
• You may not transfer, assign, sublicense or otherwise dispose of
this licence to another person or entity.
• You may not use or attempt to use the Nintendo 3DS Services for
any commercial or illegal purpose, or in a way that may harm another person or
entity, or in an unauthorised or otherwise improper manner.
• You must delete all Network Content, including Shopping Service
Products downloaded through the Shopping Service, User-Generated Content and
any personal data, and all other stored sensitive information that is resident
on your Nintendo 3DS System prior to selling or otherwise transferring your
Nintendo 3DS System to any third party. If you acquire a used Nintendo 3DS
System, you must delete all Network Content, including downloadable Shopping
Service Products, User-Generated Content and personal data, and all other
stored personal or sensitive information that may be resident on that Nintendo
3DS System at the time you acquire it.
• The extent of the Nintendo 3DS Services licensed to you for use
on your Nintendo 3DS System depends on where you live, as indicated by your
choice of country of residence in the country setting for your Nintendo 3DS
System.
• You are responsible for any fees and charges as well as any
internet connection fees along with all costs for the necessary equipment when
accessing or using the Nintendo 3DS Services, including any fees and charges
for internet connectivity that automatically takes place in Active or in Sleep
Mode (see also Article 2.2. below). Please note that the exact internet costs
for applications and functionalities delivered over your internet connection
depend on whether you have a flat rate with your internet access provider or on
whether you get charged by your internet access provider per minute or per
megabyte.
1.4. Third-Party Content / User-Generated Content
We are not responsible for any third-party content or
User-Generated Content, or for any action you may take relating thereto
(including but not limited to distributing, posting, or sending third-party
content or User-Generated Content to others). All third-party content is the
sole responsibility of the creator or sender of that third-party content and
all User-Generated Content is the sole responsibility of the user who created
or sent it. Please note that we are not obligated to monitor, supervise, store or
maintain third-party content or User-Generated Content. However, if Nintendo
becomes aware of possibly unlawful or inappropriate User-Generated Content,
Nintendo reserves the right to delete or to block access to such content at its
own discretion, in particular, without limitation, by way of the User-Generated
Content Restriction System.
If you post, send or otherwise make available User-Generated
Content through any of the Nintendo 3DS Services you grant Nintendo a
worldwide, royalty-fee, perpetual and fully transferable right to publish, use
and/or to modify the User-Generated Content in any way and for any purpose. You
acknowledge that the User-Generated Content may be reproduced, published and/or
modified by third parties. This does not apply to User-Generated Content
contained in any private messages or in any other private communication.
Please make sure that any User-Generated Content does not include
personal information such as your name, your email address, your address or
your telephone number. In particular, when choosing a user name or a nickname
for your Mii characters, please make sure not to use your real name. Please
keep in mind that other users are able to view and share your user name and the
nickname of your Mii, e.g. when playing games online or when interacting with
other users through the Nintendo 3DS Services.
Please ensure that the User-Generated Content you upload, post,
send or otherwise make available through any Nintendo 3DS Service, is not
obscene and does not defame or otherwise infringe the rights of others, such as
copyrights, portrait rights, privacy rights, rights of publicity, trade marks,
patents or other intellectual property rights. If you post, send or otherwise
make available photos, images, videos or other personal details of or about
other people, you must obtain their permission beforehand.
1.5. Indemnity
You agree to indemnify and hold Nintendo, its affiliates and
subsidiaries harmless from and against any loss, liability or claim (including
reasonable attorney fees) arising out of or in connection with your use of the
Nintendo 3DS Services in an unlawful manner or otherwise in breach of the terms
of this Agreement (including, without limitation, the Nintendo 3DS Code of
Conduct at Article 1.9). This indemnity shall include, in particular, any loss,
liability or claim arising out of or in connection with any User-Generated
Content, including, without limitation, any photographs, videos or any other
materials you upload.
1.6. Upgrades and Changes
Nintendo may from time to time upgrade (patch) any software
distributed through the Nintendo 3DS Services for the benefit of the Nintendo
3DS Services users or to protect Nintendo’s Intellectual Property.
IMPORTANT: Your Nintendo 3DS System and software are not designed
for use with any existing or future unauthorised technical modification of the
hardware or software or the use of any unauthorised device in connection with
your Nintendo 3DS System. After the Nintendo 3DS System or any software is
updated, any existing or future unauthorised technical modification of the
hardware or software of your Nintendo 3DS System, or the use of any
unauthorised device in connection with your Nintendo 3DS System, may render
your Nintendo 3DS System permanently unplayable. Content deriving from the
unauthorised technical modification of the hardware or software of your
Nintendo 3DS System may be removed.
Nintendo may also automatically update your Nintendo 3DS System
for the purpose of ensuring the security and proper functioning of your
Nintendo 3DS System, in particular when files created by unauthorised
modifications have been installed, which can affect game play and may damage
your console.
Nintendo may also update or change the specifications, or modify
the Nintendo 3DS Services, in part or in whole, for the benefit of the Nintendo
3DS Services users.
1.7. Third Party Providers
Nintendo may allow third parties to provide services and/or
material for the Nintendo 3DS Services, including Shopping Service Products.
1.8. Intellectual Property
Nintendo owns all right, title and interest (including all
intellectual property rights) in, or has the right to use and sublicense, the
Nintendo 3DS Services and the Nintendo Intellectual Property. Further to the
licence set out in Article 1.3, we do not provide you with any right, title or
interest in the Nintendo 3DS Services or the Nintendo Intellectual Property.
Nintendo reserves all rights in the Nintendo 3DS Services and the Nintendo
Intellectual Property.
1.9. Nintendo 3DS Code of Conduct
Your use of the Nintendo 3DS Services is subject to your full
compliance with this Nintendo 3DS Code of Conduct, which outlines the rules
that you must follow to participate in the Nintendo 3DS Services. These rules
are designed to keep the Nintendo 3DS Services a friendly and safe environment.
The Nintendo 3DS Code of Conduct 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 Nintendo 3DS Services.
• Being involved in any fraud-related activities; in particular
(but without limitation) in case of fraudulent activities concerning the funds
credited to your Shop Account.
• Providing any incorrect or false details of the credit card used
to transfer funds to the Shop Account.
• Making, sharing or playing unauthorised copies of games, music,
images or other content on the Nintendo 3DS System. This activity is illegal!
• Making new versions of existing downloadable Shopping Service
Products (“derivatives”).
• Trying to access another person’s Nintendo 3DS Services without
permission or trying to gain unauthorised access to any of Nintendo’s
computers, hardware or networks used to provide the Nintendo 3DS Services.
• Cheating in a game, unless such cheats have been deliberately
enabled.
• Hosting, intercepting, emulating, reverse engineering any part
of the Nintendo 3DS System or the Nintendo 3DS Services or redirecting the
communication protocols used by Nintendo as part of the Nintendo 3DS Services,
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 Services or networks connected to the
Nintendo 3DS Services.
• Accessing or attempting to access another person’s Nintendo 3DS
System, including, but not limited to a person’s Shop Account without
Nintendo's permission.
• 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 the rights of others, including any
patent, trade mark, trade secret, copyright, privacy rights, portrait rights or
other intellectual property or proprietary rights of any party; (c) any
unsolicited or unauthorised advertising or promotional materials (e.g. "spam");
(d) information which personally identifies any third party without their
consent; (e) photos, images or videos displaying any third party without
obtaining their consent or (f) content whose origin you have disguised.
• Selling, trading, assigning, licensing, or otherwise conveying
virtual property for real money or for funds credited to a Shop Account, where
“virtual property” refers to any features of games or other content that can be
traded with other Nintendo 3DS Services users for free or for in-game virtual
currency.
1.10. Parental Control Function
The Nintendo 3DS System and the Nintendo 3DS Services enable users
to access Network Content, User-Generated Content or any other content that may
be inappropriate for minors. Nintendo provides the ability to limit access to
certain features of the Nintendo 3DS System and the Nintendo 3DS Services
through parental control functionality. If your Nintendo 3DS System is used by
individuals other than yourself, in particular if it is used by minors, we strongly
recommend that you make use of the parental control functionality to limit
access to certain Nintendo 3DS Services and content that you deem unsuitable
for minors.
1.11. Transfer, Expiration and Termination of Agreement
• You may terminate this Agreement at any time by terminating your
Shop Account as described under Article 2.1.6. below and formatting your
Nintendo 3DS System in the settings of your Nintendo 3DS System. If you
terminate this Agreement, you will automatically forfeit any rights to the
funds (if any) credited to your Shop Account and you will not be entitled for a
refund of any funds credited to your Shop Account. Termination of this
Agreement will prevent your use of any Nintendo 3DS Services, including, but
without limitation, of the Shopping Service.
• Nintendo may transfer in its sole discretion the entire
contractual relation with you to its affiliated company Nintendo Co. Ltd.,
located at 11-1 Kamitoba-Hokotate-cho, Minami-ku,
• We may terminate this Agreement, or any portion of this
Agreement, at any time, without notice if you breach the terms of this
Agreement. In case of minor breaches of these terms Nintendo will provide you
with a prior warning of your non-compliance prior to terminating this Agreement
and give you the opportunity to remedy this. If, however, your behavior is
utterly unacceptable, Nintendo is not required to provide you with such prior
warning. A behavior is considered utterly unacceptable in case of serious
violations of important provisions of this Agreement. Important provisions
include, but are not limited to, a violation of Article 1.9. of this Agreement.
Such termination will terminate any licence granted in this Agreement and may
prevent you from using the Nintendo 3DS Services, including, without
limitation, the Shopping Service and the funds credited to your Shop Account.
• We may also terminate this Agreement, or any portion of this
Agreement, at any time, for legal, technical or commercial reasons. In this
case, we will provide you with reasonable advance notice. Such termination will
terminate any licences granted in this Agreement and may prevent your use of
the Nintendo 3DS Services.
• If this Agreement is terminated for any reason, Articles 1.5.,
1.8., 1.12., 1.15. , 1.16. and 1.17. will remain in
effect.
1.12. Nintendo's Liability to You
Nothing in this Agreement limits or excludes Nintendo's liability
for death or personal injury caused by its negligence, for fraud, or for any
other liability the limitation or exclusion of which is not permitted by law.
Other than as expressly set out in this Agreement, Nintendo does
not give or make any representations, warranties, conditions or other terms
about the Nintendo 3DS Services (collectively, "Promises"), and
excludes any and all implied Promises (whether implied by common law, statute
or otherwise) to the fullest extent permitted by law. You acknowledge that you
have not entered into this Agreement in reliance on any prior express or
implied representation made by Nintendo (whether made innocently or
negligently) and that the terms of this Agreement set out the entire agreement
and understanding between Nintendo and you in respect of the Nintendo 3DS
Services.
In the event that Nintendo breaches the terms of this Agreement,
we will be liable to you for loss or harm that you suffer that was a reasonably
foreseeable consequence of our breach (and you must take reasonable measures to
mitigate any such loss or harm that you may suffer). However, Nintendo excludes
any and all liability for indirect, special or consequential losses (such as
loss of profits, loss of revenue, loss of goodwill, loss of opportunity, loss
of data or otherwise).
1.13. Changes to this Agreement
A current version of this Agreement will always be available on
Nintendo's website. Nintendo may change the terms and conditions of this
Agreement at any time so far as this is necessary or helpful to enhance the
service or to adapt it to reflect changes in technical or legal requirements.
Any such changes of the terms and conditions of this Agreement become valid if
you accept the updated Agreement. If you do not accept the updated Agreement,
Nintendo reserves the right to terminate this Agreement or any portion of it
upon a reasonable notice and you will have to register again if you wish to
continue using the Nintendo 3DS Services under the new terms and conditions.
1.14. Non-Assignability
You are responsible for the use of your Nintendo 3DS System and
the Nintendo 3DS Services by your friends, your family or any other third
party. You may not assign, transfer, sublicense or otherwise dispose of this
Agreement to a third party. However, if a third party makes unauthorised use of
your Nintendo 3DS System and/or makes unauthorised access of the Nintendo 3DS
Services via your Nintendo 3DS System, you accept full responsibility for such
use and/or access.
1.15. Agreement Interpretation
If any part of this Agreement is found to be invalid or unenforceable,
that part of the Agreement will no longer apply. You agree that the invalid
part will be considered deleted from the Agreement, but that 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 the initial
intention.
1.16. Governing Law
You agree that this Agreement and any claims you may have under it
will be governed by the laws of
1.17. Third Party Rights
This Agreement does not, and is not intended to, confer any right
or benefit on a person (existing now or in the future) who is not a party to it
(whether by virtue of the Contracts (Rights of Third Parties Act) 1999 or otherwise).
2. Specific Applications and Communication Methods
Nintendo 3DS Services offer you a great variety of applications
that allow your Nintendo 3DS System to communicate using wireless internet
communication, Local Wireless and StreetPass.
This Article 2. describes the main applications and communication
methods of the Nintendo 3DS System. Nintendo will inform you via the update of
this Agreement about other new applications which require your knowledge and
consent.
The Nintendo 3DS System allows you to disable all Nintendo 3DS
Services by using the wireless switch of your Nintendo 3DS System.
2.1. Shopping Service
2.1.1. Shop Account
The Shopping Service may not be available in your country. Subject
to the availability of the Shopping Service in your country, you can open a
Shop Account on your Nintendo 3DS System. Only one Shop Account can be opened
for each Nintendo 3DS System. A Shop Account is personal to you and is tied to
your Nintendo 3DS System. Your Shop Account and any Shopping Service Products
associated with your Shop Account may not be sold or otherwise transferred to
another person or to another Nintendo 3DS System owned by you or by a third
party. Notwithstanding the aforesaid, Nintendo may, in its sole discretion,
allow you to transfer certain Shopping Service Products from your Nintendo 3DS
System to another Nintendo 3DS System you own (see below Article 2.8. ).
You are responsible for monitoring your Shop Account and for
setting up appropriate Parental Controls or other measures to limit the access
to your Shop Account.
2.1.2. Purchasing Shopping Service Products
The Shopping Service allows you to use funds transferred to your
Shop Account to purchase Shopping Service Products. Funds are non-refundable
and cannot be exchanged for cash or credit. Funds can only be used to purchase
Shopping Service Products via the Shopping Service. Nintendo may, in its sole
discretion, restrict the maximum amount of funds that you can transfer to your
Shop Account.
Funds are for your own personal use and are tied to your Shop
Account. Once funds are credited to your Shop Account, you may not withdraw or
transfer them to another person or platform (e.g. to another Nintendo platform,
such as the Wii console or the Nintendo DSi system) or use them to purchase
content on any other Nintendo platform. In addition, you may not transfer funds
of your Shop Account to any other Shop Account not owned by yourself.
Notwithstanding the aforesaid, Nintendo may, in its sole discretion, allow you
to transfer funds credited to a Shop Account on your Nintendo 3DS System to
another Nintendo 3DS System you own (see below Article 2.8. ).
You are responsible for your use of the funds for your Shop
Account, and for anyone else’s use of those funds.
2.1.3. Transferring Funds to your Shop Account
There are two ways to transfer funds to your Shop Account: By
credit card or by purchasing a Funding Card at a retailer:
• You can use your credit card to transfer funds for your Shop
Account online via the Nintendo 3DS System. Funds transferred to your Shop
Account using a credit card will be immediately credited to your Shop Account.
• You can also buy a Funding Card at a retailer. To transfer the
funds stored on the Funding Card to your Shop Account you have to enter the
number printed on the Funding Card when requested.
You can check the funds credited to your Shop Account at any time
in your account history. Funds are displayed in the currency corresponding to
the country settings you have chosen for the Nintendo 3DS System. Please note
that if you change your country settings to a country with a different currency
(e.g. if you change your country settings from Germany to United Kingdom) the
funds credited to your Shop Account with regard to the former country settings
will be blocked and you will not be able to use any funds credited under the
former country settings under the changed country settings. If you change your
new country settings back to your former country settings, you will be able to
use the funds again.
2.1.4. Credit Card Charges and Account History
Each time you deposit funds into your Shop Account online with
your credit card, you will receive a receipt confirming your transaction. This
receipt will be posted in your account history. When you use the funds to
purchase Shopping Service Products, the transaction will also be reflected in
your account history. You may access your account history through your Shop
Account.
2.1.5. Downloading of Shopping Service Products from the Shopping
Service
Upon ordering a certain item of Shopping Service Products, the
sums required to download that Shopping Service Products will be charged to
your Shop Account. Once you have completed the order procedure for a
downloadable Shopping Service Product, you cannot cancel that transaction and
the Shopping Service Product is made available to you on your Nintendo 3DS
System. If you do not have sufficient funds to complete a transaction, Nintendo
will not accept any orders placed by you.
By placing an order through the Shopping Service using your Shop
Account or by allowing another person to place such order you (i) authorise
Nintendo to deduct the price of any Shopping Service Product from the funds
credited against your Shop Account and (ii) agree to these terms and conditions.
The prices indicated for any Shopping Service Products available
in the Shopping Service will be in the currency corresponding to the country
settings you have chosen for the Nintendo 3DS System and shall include all
applicable taxes.
2.1.6. Termination of your Shop Account
You may terminate your Shop Account by removing your Shop Account
from the Nintendo 3DS System in the settings of the Shop Account. If you
terminate your Shop Account you will automatically forfeit any rights to any
unused funds credited to your Shop Account, which become the property of
Nintendo, and will not be entitled to a refund for any unused funds.
Without prejudice to Nintendo's rights under Article 1.11. of this
Agreement, if there is any fraudulent or unlawful activity concerning the funds
credited to your Shop Account or the use of the funds credited to your Shop
Account, by any person, we may terminate, suspend or otherwise limit your
access to the Nintendo 3DS Services, or any portion of the Nintendo 3DS
Services, upon which your right to use the Shopping Service, including your
funds credited to your Shop Account, will immediately cease. In such a case you
will not be entitled to a refund for any unused funds credited to your Shop
Account.
2.1.7. Changes to the Shopping Service
Nintendo may modify the Shopping Service (in particular if this is
necessary or helpful to enhance the Shopping Service or to adapt it to reflect
changes in technical or legal requirements), terminate the Shopping Service,
and/or cease to provide any or all of the Shopping Service Products offered on
the Shopping Service. If we terminate the Shopping Service, we will provide you
with reasonable advance notice.
2.2. SpotPass
SpotPass may send to your Nintendo 3DS System certain Network
Content, such as
(i) system updates;
(ii) important service messages from Nintendo in relation to the
Nintendo 3DS System or your use of the Nintendo 3DS System such as updates on
technical issues, etc. These messages are an integral part of the operation of
the Nintendo 3DS System and the Nintendo 3DS Services;
(iii) User-Generated Content Restriction System data or updates of
User-Generated Content Restriction System data; and
(iv) free applications, like free games, unless you opt-out of
this content in the system settings.
IMPORTANT: Please be aware that SpotPass uses an internet
connection and automatically connects to the internet without notifying you of
such connection. Such connection automatically takes place in Active Mode or in
Sleep Mode. Any internet connection may incur costs, the exact amount of which
depends on whether you have a flat rate with your internet access provider or
on whether you get charged by your internet access provider per minute or
megabyte. To avoid that incurring any internet costs as a consequence of using
SpotPass, you can disable all wireless communications by using the wireless
switch of your Nintendo 3DS.
You may also choose to receive commercial information via
SpotPass, including marketing and advertising messages about Nintendo or
third-party products and marketing and commercial applications, including demo
versions of games, trailers, etc. You will only receive such commercial
information if you opt-in to receive such information.
2.3. StreetPass
StreetPass allows your Nintendo 3DS System to arbitrarily select
another Nintendo 3DS System or a Relay Point for StreetPass and to send to,
receive from and exchange Network Content and User-Generated Content with
another Nintendo 3DS System or Relay Point for StreetPass automatically without
your operation and with no special notification to you. This information may
among others include information attached to your Mii.
By using StreetPass, you will not incur any connection or
transmission fees or charges.
Communication via StreetPass may take place when your Nintendo 3DS
System is in Active or Sleep Mode. In general, as StreetPass is switched off by
default, StreetPass will only take place if you choose the respective settings
for StreetPass.
Please note that even if you choose not to opt in to StreetPass,
your Nintendo 3DS System may transfer, transmit or in any other way forward
Network Content or User-Generated Content received from other Nintendo 3DS
Systems or from a Relay Point for StreetPass to any other Nintendo 3DS System
of other users or to a Relay Point for StreetPass. In this case, only the
Network Content and User-Generated Content of other users will be transferred
via your Nintendo 3DS System; no data stored on your Nintendo 3DS System
concerning you or any other player of your Nintendo 3DS System will be
transmitted or sent.
2.4. Friends Functionality
In connection with the friend functionality, your Nintendo 3DS
System provides for an “Address Book” and a “Friend Presence Feature”. The
“Address Book” is a special application allowing you to enter friend codes or
to send friend cards to establish a friendship with another user of a Nintendo
3DS System, to check whether your Friends are online and to interact with your
Friends, including, without limitation, to exchange messages and other
information with your Friends. The “Friend Presence Feature” allows all your
Friends to see your online status, presence information and your play history
data (such as information on when your are online, name and icon of favourite
application, name and icon of application currently played, current level,
current in-game location, playing time, recent logout time, time of updating
comments shared with your Friends, etc.) as well as data related to your
Personal Mii and you will be able to see the online status, presence
information and the play history data of your Friends.
You can choose whether to allow your Friends to see your online
status, presence information and the play history.
2.5. Applications Using Mii Characters
You can send Mii characters to other Nintendo 3DS Systems and can
receive Mii characters from other Nintendo 3DS Systems in various
Mii-compatible games and applications. When you allow your Mii to “travel” to
another Nintendo 3DS System, the Mii is sent to the user of the other Nintendo
3DS System. You may choose to attach certain information to the Mii you
created, like name of the Mii, name of the Personal Mii, information related to
the appearance of the Mii, such as body shape and colour, name of the game
recently played, etc. Such information will also be visible to the other user
receiving your Mii.
In some applications, you can send Mii characters manually to
another Nintendo 3DS System.
In other applications, if you made the respective settings, the
transmission and exchange of your Mii characters takes place automatically
without any special notification to you via StreetPass.
Similar to other User-Generated Content sent through any of the
Nintendo 3DS Services (see Article 1.4. above) please note that if your Mii
“travels” to other users, such other users may reproduce, alter and or modify
the Mii characters and may further share the Mii characters (including the
information attached to it) with other users of any Nintendo 3DS System all
over the world. When creating a Mii you will be able to choose whether to allow
any recipient of your Mii to copy your Mii and whether to allow your Mii to
“travel” via StreetPass.
2.6. Correspondence Application
Correspondence application of the Nintendo 3DS System allows you
to send User-Generated Content, including handwritten messages, photos and
audio data such as voice records, to your Friends and to receive User-Generated
Content from your Friends. Please note that if you choose the respective
settings, User-Generated Content you share with your Friends may be further
shared with other users, including via StreetPass.
2.7. Nintendo Zone
The Nintendo 3DS System will show you a notification icon if you
are close to a Nintendo Zone. You may choose whether to access a Nintendo Zone
and, if you do, then Nintendo and/or its selected partners may provide
commercial or non-commercial information over the Nintendo Zone to your
Nintendo 3DS System. However, Nintendo will not send you unsolicited commercial
messages if you choose not to access the Nintendo Zone.
2.8. System Transfer
“System Transfer” is an application allowing you to transfer
certain data and content (i) from one Nintendo 3DS System to another or (ii)
from one Nintendo DSi system to a Nintendo 3DS System over an internet
communication or Local Wireless communication.
When using the System Transfer you are only allowed to transfer
data between Nintendo 3DS Systems that you own; you are not allowed to transfer
data from a Nintendo 3DS System that you own to a Nintendo 3DS System owned by
a third party.
Please note that you can only transfer data Nintendo has
designated as transferable. As far as designated by Nintendo as transferable,
you may transfer certain save data for built-in applications, photos and audio
data, system settings data (such as the settings for your wireless internet
communications, friend codes) and certain add-on data created by built-in
application using Local Wireless.
Notwithstanding anything to the contrary contained in the Nintendo
DSi Network Services Agreement and so far as designated by Nintendo as
transferable, Nintendo may allow you to transfer software you have downloaded
from the Nintendo DSi Shop on your Nintendo DSi system to a Nintendo 3DS System
that you own.
Notwithstanding Article 2.1.1. above and as far as designated by
Nintendo as transferable, Nintendo may allow you to transfer software you have
downloaded from the Shopping Service on your Nintendo 3DS System to another
Nintendo 3DS System you own.
Notwithstanding Article 2.1.2. above and as far as designated by
Nintendo as transferable, Nintendo may, in its sole discretion, allow you to
transfer funds credited to a Shop Account on your Nintendo 3DS System to
another Nintendo 3DS System you own.
3. Privacy Policy
Nintendo respects the privacy rights of its users and recognises
the importance of protecting their personal data. We have developed the Privacy
Policy to provide you with information relating to the privacy, security,
collection and use of information you submit through the Nintendo 3DS Services.
By selecting the “I Accept” option to accept the terms of this
Agreement, you agree and signify your consent that your personal data is
collected, processed and used in accordance with this Privacy Policy. This
includes data that has been rightfully collected in the past in order to
provide the service you requested.
If you allow your children to use the Nintendo 3DS Services, by
selecting the “I Accept” option you agree and signify your consent that the
personal data of your children is collected, processed and used in accordance
with this Privacy Policy.
In particular, you agree that
• we may collect technical information related to your Nintendo
3DS System such as IP address, MAC address, serial number, etc. and information
about the way you use the Nintendo 3DS Services such as play and purchase
history, etc. (see Article 3.2.1. );
• we may collect your name (first and last name), your address,
email address and birth date if you choose to open a Shop Account;
• we use the collected information for commercial analysis and for
marketing and market research purposes, so that we can optimise our products
and services, tailor our products and services to satisfy your requirements and
customise the advertising and offers displayed in the Shopping Service to
satisfy your requirements;
• we share the information collected about you with Nintendo Co.
Ltd., Nintendo’s parent company located in Japan (please note that Japan
provides for a lower data protection level than the European Economic Area,
although your information will always be treated securely in accordance with
this Privacy Policy) and Nintendo of America Inc., an affiliated company
located in the United States adhering to the “Safe Harbour Principles”;
• if you ever link your Shop Account to your Nintendo Club
Account, we link all information collected in connection with your Nintendo
Club Account to the information collected in relation to your Shop Account and
we can use the linked information in accordance with this Privacy Policy.
3.1. PARENTS PLEASE READ: PROTECTING CHILDREN’S PRIVACY
Before allowing your children to use the Nintendo 3DS Services, we
strongly recommend that you educate them on the importance of not sharing any
personal information about themselves with other Nintendo 3DS users your
children do not know personally. In particular, we recommend that you tell your
children not to use personal information for any nicknames on games, user names
in chat rooms, or any other applications that use the Nintendo 3DS Services.
You must setup the Nintendo 3DS Services for your children, and
supervise your children’s use of the Nintendo 3DS Services at all times. If at
any time you want to stop your children’s use of the Nintendo 3DS Services,
please use the parental control functionality.
3.2. Information Collected and its Uses
3.2.1. What Information We Collect
In connection with the provision of the Nintendo 3DS Services we
may collect
- your name (first and last name),
- your address,
- your email-address,
- your birth date,
- your gender,
- the MAC address assigned to your Nintendo 3DS System,
- the IP address, which is automatically assigned to your Nintendo
3DS System by your internet service provider when your Nintendo 3DS System
connects to the internet,
- the serial number assigned to your Nintendo 3DS System,
- friend codes,
- Shop Account ID,
- information about the way your Nintendo 3DS System and the
Nintendo 3DS Services are used, such as play history, online presence
information and play history data (such as software titles played, time when
playing started and playing time, information on when the Nintendo 3DS System
has been online, name and icon of favourite application, name, icon and
information about application currently played, including player name, current
level, current in-game location, recent logout time, time of updating comments
shared with your Friends) as well as information you submitted when
participating in surveys,
- configuration information from the Nintendo 3DS System and
system setting information from the Nintendo 3DS System (including country
settings, language settings, parental control settings, internet settings),
- information related to the messages sent to Friends (including
friend codes, nicknames, date, number of pages and technical information
regarding attachments), and
- information about the way you use the Shopping Service,
including your purchase history, information on Shopping Service Products you
have viewed, the software you have registered on your wish list and
recommendations, game ratings made by you, the game code of applications to be
transferred and the funds credited to your Shop Account; if you use the credit
card in the Shopping Service, we will store the number of your credit card
separately according to the rules issued by the credit card provider.
3.2.2. How We Use the Information
The information we collect is mainly used to provide the Nintendo
3DS Service.
In addition, we may use the information about the way you use the
Nintendo 3DS System and the Nintendo 3DS Services (such as your play and
purchase history) for commercial analysis and for marketing and market research
purposes, so that we can optimise our products and services, tailor our
products and services to satisfy your requirements and customise the
advertising and offers displayed in the Shopping Service to satisfy your
requirements.
Furthermore, provided you have opted-in to receive commercial
information such as marketing messages or commercial applications such as demo
versions or trailers via the Nintendo 3DS Services, you also agree that we may
use the information to tailor the commercial information to satisfy your
requirements. Please note that you only receive such commercial information if
you consent to receive it.
If you do not want your Friends to see your presence information
or the play history, you can disable this feature.
3.2.3. Web Beacons and Cookies
Certain Nintendo 3DS System online applications may use a 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, on a Web-based document, or in an email message, designed
to collect certain information and monitor user activity. We may use Web
beacons to collect information such as IP address, MAC address, the URL of the
page the user comes from, and the time the Web beacon is activated (such as
when you view the 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 applications by seeing which areas,
features, and products are most popular; to personalise the Nintendo 3DS
Services.
Certain Nintendo 3DS System online applications may use cookies,
which are small text files that are placed 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 certain application, the application recognises your
Nintendo 3DS System and can personalise 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
personalise the Nintendo 3DS Services and make recommendations based on
downloaded products; and to complete transactions you have requested.
3.3. Linking your Club Nintendo Account
You can link your Nintendo 3DS System to your Club Nintendo
Account if you are a registered Club Nintendo member. Club Nintendo is
available in some countries, but not in all. For more information please visit
the Club Nintendo websites. If you link the accounts, the Club Nintendo Privacy
Policy which can be found on the Nintendo website will apply.
If you link your Nintendo 3DS System to your Club Nintendo
Account, any information stored related to your Club Nintendo Account will be
linked to information stored related to your Nintendo 3DS System.
3.4. User Communications
When you send an email or other communication to Nintendo, we may
retain those communications in order to process your inquiries and respond to
your requests.
3.5. User-Generated Content
Some of the Nintendo 3DS Services may allow you to use nicknames,
create a user ID and interact with other gamers. We strongly encourage you not
to use your own name or any other information about yourself (such as your
address, your email address or your telephone number) or any third party in any
such services or communications. Posted information may become visible for
third parties; see also Article 1.4. above.
3.6. Information on your Nintendo 3DS System
Your Nintendo 3DS System may store certain information about you.
For your protection, before selling or otherwise transferring your Nintendo 3DS
System, please make sure to delete all Shop Account information and to format
your Nintendo 3DS System in the settings of your Nintendo 3DS System so that
all information stored during your use of this Nintendo 3DS System is deleted.
3.7. Receiving Commercial Information
If you consent to receive commercial information, such as
marketing or advertising messages, and commercial applications, such as demo
versions and trailers, you will receive such commercial information about
Nintendo or third-party products. To indicate your consent you can opt-in to
receive such commercial information when prompted during the initial boot-up
sequence of your Nintendo 3DS System or at any other time later.
You can withdraw your consent to receive commercial information
any time.
3.8. Who Has Access to your Information
We may share your information with Nintendo Co. Ltd., located in
Nintendo of America Inc. adheres to the “Safe Harbour Principles”
providing for an adequate level of data protection, i.e. a level comparable to
the level under the data protection laws in the European Community,
respectively within the European Economic Area.
You should be aware that the level of data protection under the
laws of
We may also use third-party data processors acting in the interest
of Nintendo to administer and process your information for the purposes
notified in this Privacy Policy and strictly in compliance with this Privacy
Policy.
3.9. Deleting your Information
If you do not want us to use the information as outlined in this
Privacy Policy, you can revoke your consent to the use of the data any time by
sending an email to Nintendo. Contact details of your local Nintendo Service
Centre can be found at http://contact.nintendo.eu. We will delete your data as
requested, unless required or permitted to retain it by law. The deletion of
data may lead to a termination of this Agreement and may prevent you from using
the Nintendo 3DS Services.
3.10. Contact Us
Please feel free to direct any questions or concerns regarding
this Privacy Policy by sending an email to Nintendo or by otherwise contacting
your local Nintendo Service Centre. Contact details can be found at
http://contact.nintendo.eu.
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