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.

Click the “I accept / Ich akzeptiere / J'accepte / Acepto / Accetto / Akkoord” button if you are 18 or over and accept the terms of this agreement.

Click the “I do not accept / Ich akzeptiere nicht / Je n'accepte pas / No acepto / Non accetto / Niet Akkoord” button if you are over 18 and do not 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”.

Article 1: Scope of this Agreement

This agreement covers your use of the Wii Shop Channel Service. It is an addendum to the agreement covering your use of the Wii Network Services, which you accepted when activating this Service. The provisions of the Wii Network Services agreement apply to the use of the Wii Shop Channel in addition to this agreement. If there are any inconsistencies, this Wii Shop Channel agreement will control.

You may only enter into this agreement if you have already accepted the terms of the Wii Network Services agreement. If you do not agree with those terms, you must click the button “I do not accept / Ich akzeptiere nicht / Je n'accepte pas / No acepto / Non accetto / Niet Akkoord”.

Because this agreement is an addendum to the Wii Network Services agreement, upon the termination of Wii Network Services agreement, for any reason, this agreement will automatically terminate.

Unless otherwise required by the context, the terms defined in the Wii Network Services agreement will have the same meaning in this agreement.

 

Article 2: Wii Shop Channel Service

The Wii Shop Channel Service is provided to you by Nintendo. Nintendo may modify the Wii Shop Channel Service (in particular if this is necessary or helpful to enhance the Service or to adapt it to reflect changes in technical or legal requirements), terminate the Wii Shop Channel Service, and/or cease to provide any or all of the Content and Products offered on the Wii Shop Channel Service.

 

Article 3: Wii Shop Channel Account

By accepting this agreement a Wii Shop Channel Account is automatically opened for your Wii console. Only one Wii Shop Channel Account can be opened for each Wii console. A Wii Shop Channel Account is personal to you. Your Wii Shop Channel Account and any Content or Products associated with your Wii Shop Channel Account may not be sold or otherwise transferred to another person.

You are responsible for monitoring your Wii Shop Channel Account and for setting up appropriate Parental Control or other measures to limit the access to your Wii Shop Channel Account (for details please see your Wii Operations Manual – Channels and Settings).

 

Article 4: Wii Points

The Wii Shop Channel Service allows you to use Wii Points you have purchased to license Content or purchase Products. Wii Points have no cash or monetary value and are non-refundable.

Wii Points are for your own personal use. Once Wii Points are placed into your Wii Shop Channel Account, you may not withdraw or transfer them to another person. You are responsible for your use of Wii Points placed into your Wii Shop Channel Account, and for anyone else’s use of those Wii Points, whether or not you gave them permission to do so.

If there is any fraudulent or unlawful activity concerning the Wii Points in your Wii Shop Channel Account or the use of Wii Points, by any person, we may cancel, suspend or otherwise limit your access to the Wii Network Services, or any portion of the Wii Network Services, upon which your right to use the Wii Shop Channel Service, including your Wii Points, will immediately cease.

 

Article 5: Crediting Wii Points to the Account

There are two ways to add Wii Points to your Wii Shop Channel Account. You can either use your credit card to purchase Wii Points online, which are then immediately credited to your account or you can buy a Wii Points Card at a retailer.

 

Article 6: Credit Card Charges and Your Billing Account

You may use your credit card to purchase Wii Points online. You represent to us that you are authorised to use the credit card and you agree that you are responsible for all charges to that credit card. Unless otherwise required by law, all charges to the credit card that is used to purchase Wii Points are non-refundable.

Each time you purchase Wii Points online through the Wii Shop Channel Service with your credit card, you will receive a receipt confirming your transaction. This receipt will be posted in your account history. When you use Wii Points to license Content or purchase Products, the transaction will also be reflected in your account history. You may obtain your account history through the Wii Shop Channel Service. Account history information will be available for transactions conducted within the last two calendar years, unless you delete the information from your account history or format your Wii console.

 

Article 7: Downloading of Software from the Wii Shop Channel

On the Wii Shop Channel we offer a variety of software for download. By completing the order procedure you acquire a limited licence to use the selected software. Please note that you may only use the downloaded software on the Wii console on which it was first downloaded; it is not possible to transfer the software to another Wii console.

Upon ordering a certain item of software, the number of Wii Points required to download that software will be charged to your Wii Shop Channel Account. Once you have completed the order procedure for an item of software, you cannot cancel that transaction.

 

Article 8: Parental Controls

We strongly recommend that you make use of the Parental Controls function to make sure that all users of your Wii console only obtain access to content that is appropriate for their age.

 

Article 9: Privacy, Use of Data

Unless you link your Wii Shop Channel Account to your Club Nintendo Account, no personal data is collected when using the Wii Shop Channel and the Virtual Console. If, however, you accept such linking, personal data will be collected. This collection of data is controlled by the Club Nintendo Privacy Policy where all details of the collection and use of the data are explained. You accepted the Club Nintendo Privacy Policy when registering on the Nintendo website. We encourage you to review the relevant sections in this Privacy Policy, available at http://privacy.nintendo.co.uk.

 

 Article 10: Cancellation of your Wii Shop Channel Account

You may cancel your Wii Shop Channel Account by contacting your nearest Nintendo Service Centre. Upon cancellation of your Wii Shop Channel Account, you will no longer be able to use the Wii Shop Channel Service. If you cancel your Wii Shop Channel Account you will automatically forfeit any rights to any unused Wii Points, which become the property of Nintendo.



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