Last updated: 01.09.2007

THIS IS AN IMPORTANT LEGAL AGREEMENT!

If you are under the age of 18, STOP! You must get your legal guardian or parent to read and accept the terms of this agreement.

This is a binding agreement between you, an individual, and Nintendo of Europe GmbH, Nintendo Center, 63760 Grossostheim, Germany . In this agreement, Nintendo of Europe will be referred to as “Nintendo”, “we” or “us”.

 Wii Network Services

Article 1: Wii Network Services

This agreement covers your use of the Wii Network Services.

Further to the terms of this agreement and, where applicable, the Wii Shop Channel Service agreement, this agreement also includes the following documents:

·            The Wii Network Services Code of Conduct. The purpose of this document is to keep the Wii Network Services a friendly and safe environment.

·            The Wii Network Services Privacy Policy. This document provides you with an understanding of the information that is submitted and collected through the Wii Network Services.

We strongly recommend that you review both of these documents before accepting the terms of this agreement. The complete versions of these documents are available at http://wii.nintendo-europe.com/terms.

By accepting the terms of the Wii Network Services agreement, you are also unreservedly accepting all of the terms of these documents.

Article 2: Grant of Licence

We grant you a personal, limited, non-exclusive, revocable licence to use the Wii Network Services, in accordance with this agreement. Specifically:

·            The Wii Network Services is solely for your own personal recreational use. However, you are responsible for your use and for anyone else’s use of the Wii Network Services through your Wii console, whether or not you give them permission to do so.

·            You may not transfer or assign this licence to another person or entity, and any attempt to transfer or assign this licence will be void.

·            You may not use or attempt to use the Wii Network Services for any commercial or illegal purpose, or in a way that may harm another person or company, or in an unauthorised or otherwise improper manner as we may specify from time to time.

·            You are responsible for clearing all Content, including games and other software downloaded through the Wii Shop Channel, and any personal data, and all other stored sensitive information that is resident on your Wii console prior to selling or otherwise transferring your Wii console to any third party. If you acquire a used Wii console, you are also responsible for clearing all Content, personal data, and all other stored sensitive information that may be resident on that Wii console at the time you acquire it.

·            The Wii Network Services is licensed to you for use on your Wii console only in the E.E.A. or Switzerland , depending on where you live.

WiiConnect24

Article 3: WiiConnect24

By registering for the Wii Network Services, you agree that Nintendo may provide you with WiiConnect24.

Article 4: Upgrades and Changes

Nintendo may upgrade (patch) any software distributed through WiiConnect24 or change the Internet content of WiiConnect24, in part or in whole, at any time. However, any such upgrade or change will be for the benefit of users of the Wii Network Services.

Other

Article 5: Third Party Providers

Nintendo may allow third parties to provide services and/or material for the Wii Network Services, including Content and Products.

Article 6: Intellectual Property

Nintendo owns all right, title and interest in, or has the right to use and sublicense, the Wii Network Services and the Nintendo Intellectual Property. Further to the licence set out in Article 2, we do not provide you with any interest in the Wii Network Services or the Nintendo Intellectual Property. Nintendo reserves all other rights.

Article 7: Prohibition of Duplication, Modification and Reverse-Engineering

Only Nintendo has the right to host the Wii Network Services. Accordingly, you may not host, intercept, emulate or redirect the communication protocols used by Nintendo as part of the Wii Network Services, regardless of the method used to do so. Prohibited methods include, but are not limited to, protocol emulation, reverse engineering, modifying, adding components to, or using a utility program to host, the Wii Network Services, the Wii console, the Nintendo Intellectual Property, or any portion of any of these. You may not create works based on the Nintendo Intellectual Property, or adapt, distribute or make the Nintendo Intellectual Property transmittable to the public.

Article 8: Parental Controls Function

We provide the ability to limit access to certain features of the Wii console and the Wii Network Services through a parental controls function. The Wii console enables users to access Content that may be inappropriate for minors. If your Wii console 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 controls function to make sure that users of your Wii console only obtain access to Content that is appropriate for their age. For details, please see the Wii Operations Manual – Channels and Settings.

Article 9: Code of Conduct

Your use of the Wii Network Services is subject to your full compliance with the Wii Network Services Code of Conduct, which prohibits all harmful, illegal or otherwise offensive conduct, including but not limited to conduct such as the following:

·         Making, sharing or playing unauthorised copies of games or other Content on the Wii console or downloaded through the Wii Shop Channel. This activity is illegal!

·         Making derivatives of Content or Products.

·         Trying to access another person’s connection with the Wii Network Services without permission or trying to access any of our computers, hardware or networks used to provide the Wii Network Services.

·         Doing anything illegal, discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening or physically dangerous in connection with the Wii Network Services.

The complete Wii Network Services Code of Conduct may be found at http://wii.nintendo-europe.com/terms and may be revised by us from time to time. It is your responsibility to review the Wii Network Services Code of Conduct periodically. If you do not have Internet access, please contact your nearest Nintendo Service Centre and they will mail you a current version of the Code of Conduct, free of charge. If you do not agree to any future changes to the Code of Conduct, it is your responsibility to cancel your Wii Network Services in accordance with this agreement

Article 10: 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.

Article 11: Protection of Personal Information

Nintendo is committed to protecting the privacy and security of your personal information. We have developed the Wii Network Services Privacy Policy to provide you with information relating to the privacy, security, collection and use of information you submit through the Wii Network Services.

Here are a few important points to keep in mind with respect to the protection of your personal information:

·         If you link your Club Nintendo Account to a Wii Shop Channel Account (or other aspects of your Wii Network Services, including WiiConnect24, if this possibility is provided to you in the future), you will be subject to the Club Nintendo Privacy Policy, which may be found at http://privacy.nintendo.co.uk. You may also contact your nearest Nintendo Service Centre and we will mail you a current version of the Wii Network Services Privacy Policy and/or the Club Nintendo Privacy Policy, free of charge.

·         The Club Nintendo Privacy Policy may be revised by us from time to time, as may the Wii Network Services Privacy Policy.

·         By using the Wii Network Services, you agree that we may monitor, record, and automatically download updates, patches, upgrades and similar software to your Wii console to ensure that it and the Wii Network Services are most current, and uninstall and/or disable unauthorised or illegal software on your Wii console without notifying you, so far as this is necessary or helpful to enhance the Service or to adapt it to reflect changes in technical or legal requirements.

·         Nintendo may monitor and collect information on your use of the Wii Network Services and the Wii console. However, unless you link your Wii Shop Channel Account to your Club Nintendo Account, we will not collect any personal data, i.e. data that can identify you. This collection of data will be anonymous. However, if you want to object to such anonymous collection of data, please contact your nearest Nintendo Service Centre.

·         As part of the Wii Network Services, Nintendo may provide you with the ability to create and use a friends list where you may store user IDs and e-mail addresses provided to you by others (“Wii Friends List) and may also allow you to store other personal or sensitive data on your Wii console or the Wii Network Services. We do not represent the security of the contents of such Wii Friends List or personal or sensitive data from unauthorised third parties. You must take steps to clear your Wii Friends List and any personal or sensitive data contained on your Wii console or the Wii Network Services if you sell or otherwise transfer your Wii console. If you do not do so or you do not safeguard your Wii console from loss or misuse, an unauthorised person or entity could access and use your Wii Friends List or your personal or sensitive data. In addition, unauthorised persons may gain access to one or more Wii Friends Lists or personal or sensitive data that contain information about you or your friends without your knowledge. Nintendo will not monitor use of or access to individual Wii Friends Lists and it is your responsibility to monitor your interactions, and those of your family, with other users of the Wii Network Services.

Article 12: Expiration and Termination of Agreement

·         You may terminate this agreement by removing Content and Products from the Wii console. If you terminate this agreement, you will automatically forfeit any rights to Wii Points on your Wii Shop Channel Account. Termination of this agreement will prevent your use of the Wii Shop Channel Service.

·         We may terminate this agreement, or any portion of this agreement, at any time, if you breach the terms of this agreement or for technical or commercial reasons. If we terminate this agreement for technical or commercial reasons, 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 Wii Network Services and the Wii Shop Channel Service.

·         If this agreement is terminated, for any reason, the following Articles will remain in effect: (i) Intellectual Property; (ii) Governing Law; and (iii) Agreement Interpretation.  

Article 13: Agreement Updates

Nintendo may change the terms and conditions of this agreement, including the Wii Network Services Code of Conduct and the Wii Network Services Privacy Policy which are both made a part of this agreement, at any time as far so this is necessary or helpful to enhance the service or to adapt it to reflect changes in technical or legal requirements.

A current version of this agreement will always be available on the Internet at http://wii.nintendo-europe.com/terms. We will post a message on the Wii Message Board informing you about a change to this agreement at least 5 days before the change becomes legally binding on you. If you do not agree to any such change, it is your responsibility to terminate this agreement in accordance with Article 12 of this agreement.

Article 14: Non-Assignability

You are responsible for use of your Wii console and the Wii Network Services by your friends and family. You may not assign this agreement to a third party. 

Article 15: Governing Law

You agree that this agreement and any claims you may have under it will be governed by the laws of Germany , without reference to conflict of laws principles. 

Article 16: 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 reflecting the initial intention.

 
Article 17: Definitions

“Content” means the software and content, including applications called “Channels”, which Nintendo owns, or has obtained the right to use, distribute or sublicense, and which is available for downloading through the Wii Shop Channel Service, or through other means.

 “Nintendo Intellectual Property” means all intellectual property associated with the Wii console and the Wii Network Services, including but not limited to trademarks, service marks, logos, designs, copyrights, inventions, patents, trade secrets, know-how and other confidential and proprietary information which Nintendo developed, owns or is granted a licence to use.

“Wii Points” means the points which you purchase from Nintendo through the Wii Shop Channel Service or via Wii Points Cards and which may be used by you in exchange for a licence to use Content or to purchase Products.

 “Products” means any goods other than Content which are made available for purchase through the Wii Shop Channel Service.

“WiiConnect24” means the service whereby Nintendo can distribute software, material, e-mail and other data to your Wii console, and the Wii Message Board of your Wii console, at any time and whereby you can send and receive e-mails, photographs and other material using your Wii console.

“Wii console” means Nintendo’s system sold and marketed by Nintendo under the Wii brand, including any succeeding systems and compatible systems.

“Wii Network Services” means the Wii Shop Channel Service, WiiConnect24, and any related services and material delivered to your Wii console over the Internet, including but not limited to Content, Products and Wii Points.

“Wii Network Services Code of Conduct” means the code of conduct applicable to the Wii Network Services as revised by us from time to time, a current version of which will always be available at http://wii.nintendo-europe.com/terms.

“Wii Network Services Privacy Policy” means the privacy policy applicable to the Wii Network Services as revised by us from time to time, a current version of which will always be available at http://wii.nintendo-europe.com/terms.

“Wii Points Card” means prepaid cards sold or distributed by Nintendo or Nintendo’s promotional partners which contain credits for Wii Points.

“Wii Shop Channel Account” means a non-transferable personal account that will be established on your Wii console upon acceptance of these terms and the Wii Shop Channel Service terms of use, and which you use in connection with the Wii Shop Channel Service.

“Wii Shop Channel Service” means the services related to the Wii Shop Channel Account, Wii Points, Products, online store, and download service, all of which Nintendo directly or indirectly operates, as outlined in this agreement.

Wii Code of Conduct

Last Updated: 01.09.2007

 
This Wii Network Services Code of Conduct (“Wii Code of Conduct”) outlines the rules that you must follow to participate in the Wii Network Services. These rules are designed to keep the Wii Network Services a friendly and safe environment.

 
The complete Wii Code of Conduct may be found at http://wii.nintendo-europe.com/terms and may be revised by us at anytime. If you do not have Internet access, please contact the Nintendo Consumer Service and they will mail you a current version of the Code of Conduct, free of charge. All capitalised terms not defined in this Wii Code of Conduct will have the meaning set forth in the User Agreement.

1.         Your use of the Wii Network Services 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 Services.

·         Making, sharing or playing unauthorised copies of games, music or images on the Wii console. This activity is illegal!

·         Making new versions of existing Content or Products (“derivatives”).

·         Trying to access another person’s Wii Network Services without permission or trying to access any of Nintendo’s computers, hardware or networks used to provide the Wii Network Services.

·         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 Services, 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 Services or networks connected to the Wii Network Services.

·         Accessing or attempting to access another person’s Wii console, including, but not limited to a person’s Wii Shop Channel Account without permission or trying to access any third party’s, including, but not limited to Nintendo’s computers, hardware or networks.  

·         Uploading, posting, e-mailing, 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 unauthorised 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.

2.         Nintendo is not responsible for anything you say or anything that happens on the Wii Network Services or as a result of your use of the Wii Network Services; you alone are responsible.

3.         Virtual Property. Some games or other content may have certain features that can be traded with other Wii Network Services 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 Wii Points.

4.       Nintendo reserves the right to immediately terminate or suspend your use of the Wii Network Services 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 enquiries, or as otherwise required by law.

Wii Network Services Privacy Policy

Last Updated: 01.09.2007

Nintendo of Europe GmbH, Nintendo Center, 63760 Grossostheim, Germany (“Nintendo”) is dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect. Our Wii Network Services Privacy Policy (“Wii Privacy Policy”) is intended to provide you with an understanding of information that is submitted and collected through the Wii Network Services. We may revise and update this Wii Privacy Policy from time to time Please review this Wii Privacy Policy often to ensure that you are aware of any changes and are in compliance with the most recent version posted on http://wii.nintendo-europe.com/terms or contact customer service. This Wii Privacy Policy only applies to information submitted and collected through the Wii Network Services and does not apply to any information you may submit through any of Nintendo’s web sites.

PARENTS PLEASE READ: PROTECTING CHILDREN’S PRIVACY

Before allowing your children to use the Wii Network Services, we strongly recommend that you educate them on the importance of not sharing any personal information about themselves with strangers. In particular, we recommend that you tell your children to not use personal information for any nicknames on games, user names in chat rooms, nicknames for Miis or any other applications that use the Wii Network Services.

We strongly recommend that you assist your children with the setup of the Wii Network Services, and that you supervise your children’s use of the Wii Network Services at all times. If at any time you want to stop your children’s use of the Wii Network Services, you can simply disconnect the Wii Network Services as explained in your Wii Operations Manual – Channels and Settings.  

Please read the following provisions carefully as they all apply to use of the Wii Network Services by you and any other person using your Wii console.

A.  INFORMATION COLLECTED

“Personal Information” is information that can be directly linked to you such as your name, address, telephone number, or, in certain cases, your e-mail address. Please note that we do not collect such Personal Information, unless you link your Wii Shop Channel Account to your Club Nintendo Account (this feature is available only to Club Nintendo members having accounts for web sites Nintendo or Europe GmbH or on of its affiliates operates for the territories of UK, Ireland, France, Italy, Germany, Spain, the Netherlands and Belgium). If you link these accounts, you will be subject to the Club Nintendo Privacy Policy, which may be found at http://privacy.nintendo.co.uk. You may also contact your nearest Nintendo Service Centre and we will mail you a current version of the Wii Network Services Privacy Policy and/or the Club Nintendo Privacy Policy, free of charge. If you have linked your Wii Shop Channel Account to your Club Nintendo Account, and if you want to opt out of the collection of personal data, you must unlink your Wii Shop Channel Account from your Club Nintendo Account in order to stop the collection of information about you. You can do so in the settings section of the Wii Shop Channel.

We may anonymously monitor your use of the Wii Network Services. But as mentioned above, unless you link your Wii Shop Channel Account to your Club Nintendo Account, we will not collect any personal data, i.e. data that can identify you. This collection of data will be anonymous. We may receive and record information on our server logs from the Wii Network Services, including, but not limited to, your internet protocol (“IP”) address, cookies, transactions, settings and download activity. If you want to object to such anonymous collection of data, please contact your nearest Nintendo Service Centre.

B.  Wii CHANNELS

 The Wii Channels are a unique feature of the Wii Network Services. On certain Wii Channels you may have the opportunity to nickname your Miis, create a user ID and interact with other gamers. 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 to not allow your children to share Personal Information about themselves.

C.  INFORMATION STORED ON YOUR Wii REMOTE AND Wii CONSOLE

Your Wii console may allow certain Personal Information to be stored on your Wii Remote so please note that by using your Wii Remote on a Wii console other than your own, it is possible that certain Personal Information about you could be shared with that other Wii console.

Your Wii console may store certain Personal Information as well. For your protection, before selling or otherwise transferring your Wii console, please be sure to clean and securely remove all Wii Shop Account information, Wii Messages or other Personal Information, any pictures or messages on the Wii Message Board, and all other stored sensitive information on the Wii Network Services, 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.  

D.  UPDATES AND UPGRADES

To ensure that your Wii console is operating properly and efficiently, we will automatically download updates, patches, upgrades and similar software to your Wii console.  
 

E.  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 : NintendoServiceCenter@codestorm.co.uk.

Contact Information

Last updated: 01.09.2007

The Wii Network Services are operated by Nintendo of Europe GmbH
Nintendo Center, 63760 Grossostheim, Germany ,

E-Mail: info@nintendo.de, Telephone: +49(0)6026 950-0,

VAT-number: DE 132095955,

Company registered at Local Court of Aschaffenburg HRB 4276,

Managing Director: Satoru Shibata."

For support in your local language, please contact the Nintendo Service Center. Telephone: 0870 6060 247 (Calls are charged at the National Rate to the caller)
E-mail: NintendoServiceCenter@codestorm.co.uk



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