Last updated: 10.10.2007
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
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
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
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: 10.10.2007
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: 10.10.2007
Nintendo of
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.
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: 10.10.2007
The Wii Network Services
are operated by Nintendo of Europe GmbH
Nintendo
Center, 63760
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
E-mail: NintendoServiceCenter@codestorm.co.uk
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