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Nintendo DSi Network Service User Agreement

This Agreement constitutes a binding agreement between you, an individual, and Nintendo Australia Pty Ltd ACN 060 566 083, 804 Stud Road, Scoresby, Victoria, Australia. In this Agreement, Nintendo Australia Pty Ltd will be referred to as “Nintendo”, “we” or “us”.


Article 1: Nintendo DSi Network Service.

This Agreement covers your use of the Nintendo DSi Network Service.

This Agreement also includes the following documents:

  • Where applicable, the Nintendo DSi Shop Service Agreement.
  • The Nintendo DSi Network Service Code of Conduct (“Nintendo DSi Code of Conduct”). The purpose of this document is to keep the Nintendo DSi Network Service a friendly and safe environment.
  • The Nintendo DSi Network Service Privacy Policy (“Nintendo DSi Privacy Policy”). This document provides you with an understanding of the use and security of the Personal Information that is submitted, collected and generated through the Nintendo DSi Network Service.

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://www.nintendo.com.au]

By accepting the terms of this Agreement, you are also accepting all of the terms of the Nintendo DSi Privacy Policy and the Nintendo DSi Code of Conduct.


Article 2: Grant of Licence.

We grant you a personal, limited, non-exclusive, revocable licence to use the Nintendo DSi Network Service, in accordance with this Agreement. Specifically:

  • The Nintendo DSi Network Service is solely for your own Personal Use. However, you are responsible for your use and for anyone else’s use of the Nintendo DSi Network Service through your Nintendo DSi System, whether or not you give them permission to use it.
  • 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 Nintendo DSi Network Service 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, Third Party Data, and any Personal Information, that resides on your Nintendo DSi System prior to selling or otherwise transferring it to any third party. If you acquire a used Nintendo DSi System, you are also responsible for clearing all Content, Third Party Data and Personal Information, that resides on that Nintendo DSi System at the time you acquire it in a manner that complies with the Nintendo DSi Privacy Policy.
  • The Nintendo DSi Network Service is licensed to you for use on your Nintendo DSi System only in Australia or New Zealand.
  • Nintendo may revoke this licence (in whole or in part) at any time.

 

Article 3: Upgrades and Changes.

Nintendo may modify, change or upgrade the Nintendo DSi System, any Content distributed through Nintendo DSi Network Service, or change the Internet content of Nintendo DSi Network Service, in part or in whole, at any time without notice to you.


Article 4: Third Party Providers.

Nintendo may allow third parties to provide to you any part of the Nintendo DSi Network Service and Third Party Data. Third Party Data is the sole responsibility of its creator and sender.


Article 5: Nintendo Zones.

Nintendo may allow third parties to offer commercial information to your Nintendo DSi System at Nintendo Zones. If you do not wish to receive such information you should not click on the Notice which will advise you that you are near a Nintendo Zone. Nintendo does not accept any liability for any Third Party Data or communication to your Nintendo DSi System at a Nintendo Zone.


Article 6: Intellectual Property.

Nintendo owns all right, title and interest in, or has the right to use and sublicense, the Nintendo Intellectual Property and all rights in the Nintendo DSi Network Service. You do not obtain any interest in the Nintendo DSi Network Service or the Nintendo Intellectual Property. Nintendo reserves all rights. You may not create works based on the Nintendo Intellectual Property, or adapt, distribute or communicate the Nintendo Intellectual Property to the public unless specifically authorized to do so. Nintendo shall own all right, title and interest in any such works created, adapted, distributed or transmitted.


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

Only Nintendo has the right to host the Nintendo DSi Network Service. Accordingly, you may not host, intercept, emulate reverse engineer or redirect the communication protocols used by Nintendo as part of the Nintendo DSi System or the Nintendo DSi Network Service, regardless of the method used to do so.


Article 8: Unauthorised Software, Services, Devices or Accessories

Your Nintendo DSi System and the Nintendo DSi Network Service are not designed for use with any unauthorised software, services, devices or accessories. You may not use any such software, services, devices or accessories in connection with your Nintendo DSi System or Nintendo DSi Network Service. Such use may void any warranty and is a breach of this Agreement. Further, such use may lead to injury to yourself or others and may cause damage to your Nintendo DSi System and the Nintendo DSi Network Service. Nintendo is not responsible for any damage or loss (including loss of data) caused by the use of any such software, services, devices or accessories. If we detect illegal software, services, devices or accessories, or illegal modifications to the Nintendo DSi System, including modifications to circumvent any Nintendo technological protection measure we may disable the Nintendo DSi System or take action which means some Content may not be usable.


Article 9: Parental Controls Function and Restricted Access

We provide the ability to limit access to certain features of the Nintendo DSi System and the Nintendo DSi Network Service through a parental control function. If required by law Nintendo may also restrict access to Content and Third Party Data provided through the Nintendo DSi Network Service.


Article 10: Code of Conduct.

Your use of the Nintendo DSi Network Service is subject to the Nintendo DSi 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 Content on the Nintendo DSi System or downloading it through the Nintendo DSi Network Service.
  • Making derivatives of Content.
  • Trying to access another person’s connection with the Nintendo DSi Network Service without permission or trying to access any of our hardware or networks used to provide the Nintendo DSi Network Service.
  • Doing anything illegal, discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening or physically dangerous in connection with the Nintendo DSi Network Service.

The complete Nintendo DSi Code of Conduct may be found at [http://www.nintendo.com.au] and may be revised by us from time to time. It is your responsibility to review the Nintendo DSi Code of Conduct periodically. If you do not have Internet access, please contact Nintendo Customer Service and they will mail you a current version of the Nintendo DSi Code of Conduct, free of charge. If you do not agree to any future changes to the Nintendo DSi Code of Conduct, it is your responsibility to cancel your Nintendo DSi Network Service in accordance with this Agreement.


Article 11: Submissions.

You should not send to Nintendo 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 12: Protection of Personal Information.

Nintendo is committed to protecting the privacy and security of your Personal Information. Nintendo has developed the Nintendo DSi Privacy Policy which may be found at [http://www.nintendo.com.au] and which may be revised by us from time to time, to provide you with information relating to the privacy, security, collection and use of Personal Information you or third parties submit or which is generated through the Nintendo DSi Network Service. Your use of the Nintendo DSi Network Service is subject to the Nintendo DSi Privacy Policy.

Specifically,

  • Nintendo may monitor your use of the Nintendo DSi Network Service and collect any information stored on your Nintendo DSi System. Any Personal Information we collect will be subject to the Nintendo DSi Privacy Policy.
  • As part of the Nintendo DSi Network Service, Nintendo may provide you with the ability to create and use a friends list where you may store user IDs and email addresses provided to you by others (“Friends List”) and may also allow you to store other personal information on your Nintendo DSi System or the Nintendo DSi Network Service. We do not represent the security of the contents of such Friends List or personal information from unauthorised third parties. You must take steps to clear your Friends List and any personal or sensitive information contained on your Nintendo DSi System or the Nintendo DSi Network Service if you sell or otherwise transfer your Nintendo DSi System. If you do not do so or you do not safeguard your Nintendo DSi System from loss or misuse, an unauthorised person or entity could access and use your Friends List or your personal information. In addition, unauthorised persons may gain access to one or more Friends Lists or personal information without your knowledge. Nintendo will not monitor use of or access to individual Friends Lists and it is your responsibility to monitor your interactions, and those of your family, with other users of the Nintendo DSi Network Service.

 

Article 13: Warranties.

This provision does not exclude, restrict or modify any statutory provision which implies non-excludable conditions and warranties into this Agreement. To the full extent permitted by law, the liability of Nintendo under such non-excludable conditions and warranties is limited to supplying the Nintendo DSi Network Service again or the payment of the cost of having the Nintendo DSi Network Service supplied again (whichever Nintendo chooses).

Otherwise, we provide the Nintendo DSi Network Service, without express or implied warranty, undertaking, inducement or representation of any kind. This means that Nintendo does not guarantee that the Nintendo DSi Network Service will always work properly or that it will be free from viruses, hacks or other harmful intrusions.


Article 14: Limitation on Claims.

To the extent permitted by law, any claim(s) you wish to allege against Nintendo related to the Nintendo DSi Network Service must be commenced within three years after the date of the claim arising.

 

 

 

DSi Shop Service Agreement

This is a binding agreement between you, an individual, and Nintendo Australia Pty Ltd ACN 060 566 083, 804 Stud Road, Scoresby, Victoria, Australia. In this Agreement, Nintendo Australia Pty Ltd will be referred to as “Nintendo”, “we” or “us”.

Article 1: Scope of this Agreement.

This Agreement covers your use of the Nintendo DSi Shop Service. It is an addendum to the agreement covering your use of the Nintendo DSi Network Service, which you have already accepted. The provisions of the Nintendo DSi Network Service Agreement apply to the use of the Nintendo DSi Shop Service in addition to the provision of this Agreement. The definitions in the Nintendo DSi Network Service Agreement apply to this Agreement. If there are any inconsistencies, this Nintendo DSi Shop Service Agreement will prevail.


Article 2: Nintendo DSi Shop Service.

The Nintendo DSi Shop Service is provided to you by Nintendo. Nintendo may modify the Nintendo DSi Shop 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 Nintendo DSi Shop Service, or any part of it, and/or cease to provide any or all of the Content, Third Party Data, Products or services offered on the Nintendo DSi Shop Service.


Article 3: Nintendo DSi Shop Account.

By accepting this agreement a Nintendo DSi Shop Account is automatically opened for your Nintendo DSi System. Only one Nintendo DSi Shop Account can be opened for each Nintendo DSi System. A Nintendo DSi Shop Account is personal to you. Your Nintendo DSi Shop Account and any Content, Third Party Data, Products or services associated with your Nintendo DSi Shop Account may not be sold or otherwise transferred to another person.

You are responsible for monitoring your Nintendo DSi Shop Account and for setting up appropriate Parental Control or other measures to limit the access to the Nintendo DSi Shop Service (for details please see your Nintendo DSi operations manual).


Article 4: Nintendo Points.

The Nintendo DSi Shop Service allows you to use Nintendo Points you have purchased to license Content, Third Party Data, Products or services. Nintendo Points are not your personal property. Nintendo Points have no cash or monetary value and are non-refundable.

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

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


Article 5: Crediting Nintendo Points to the Nintendo DSi Shop Account.

There are two ways to add Nintendo Points to your Nintendo DSi Shop Account. You can either use your credit card to purchase Nintendo Points online, which are then immediately credited to your Nintendo DSi Shop Account or you can buy a Nintendo DSi Points Card at a retail store.


Article 6: Credit Card Charges and Your Billing Account.

If you use your credit card to purchase Nintendo 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 Nintendo Points are non-refundable.

Each time you purchase Nintendo Points online through the Nintendo DSi Shop Service, and each time you use Nintendo Points to license Content, Third Party Data, Products or services, the transaction will be reflected in your account history. You may obtain your account history through the Nintendo DSi Shop 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 reset your Nintendo DSi System.


Article 7: Downloading of Content from the Nintendo DSi Shop.

On the Nintendo DSi Shop Service we offer Content for download. By completing the order procedure you acquire a limited licence to play the selected Content. Please note that you may only play the downloaded Content on the Nintendo DSi System on which it was first downloaded; it is not possible to transfer the Content to another Nintendo DSi System.

Upon ordering Content, the number of Nintendo Points required to download that Content will be charged to your Nintendo DSi Shop Account. Once you have completed the order procedure for Content, you cannot cancel that transaction.

When the download has been completed, you will receive a receipt confirming your transaction. This receipt will be posted in your account history.


Article 8: Parental Controls.

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


Article 9: Privacy and Use of Personal Information.

Any personal information we collect from the use of the Nintendo DSi Shop Service and the Nintendo DSi Shop Account will be subject to the Nintendo DSi Privacy Policy. You accepted the Nintendo DSi Privacy Policy when activating the Nintendo DSi Network Service. We encourage you to review the relevant sections in this Nintendo DSi Privacy Policy, available at http://www.nintendo.com.au.


Article 10: Cancellation of your Nintendo DSi Shop Account.

You may cancel your Nintendo DSi Shop Account by contacting Nintendo Customer Service. If you cancel your Nintendo DSi Shop Account, you will no longer be able to use the Nintendo DSi Shop Service and you will automatically forfeit any rights to any unused Nintendo Points, which become the property of Nintendo.

Contact Nintendo Customer Service
on (03) 9730 9822 for Warranty
and Repair information and all other
general enquiries.

 


 

New Zealand customers
please call: 0800 743 056,
Monday to Friday 9:00am to 5:00pm
Australian Eastern Standard Time

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