Nintendo POKMON MYSTERY DUNGEON:EXPLORERS OF TIME manual

TERMS OF USE AGREEMENT (cont.)

Access to Third Party Content

Through your access to the Service, you may obtain, or third parties may provide, access to other World Wide Web resources where you may be able to upload or download content, data or software. Because Nintendo has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on such sites or through such resources. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other Personal Information) you may provide to any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content.

Friend Roster

As part of the Service, Nintendo may provide you with access to and use of a friend roster where you may store user IDs provided to you by others (“Friend Roster”). We cannot and do not represent the security of the contents of such Friend Roster from unauthorized third parties. Transfer or disposal of your DS, or failure to safeguard your DS from loss or misuse, may lead to unauthorized access to and use of your Friend Roster. In addition, unauthorized persons may gain access to one or more Friend Rosters that contain your information without your knowledge. Nintendo will not monitor use of or access to individual Friend Rosters and it is your responsibility to monitor your interactions with other users of the Service.

Privacy

Nintendo cares about the privacy of its users. By using the Service you agree to our Privacy Policy which is available at www.nintendo.com/privacy.

Disclaimer of Responsibility for User Content and Submissions

We have the right, but are not obligated, to strictly enforce this Agreement through self-help, active investigation, litigation and prosecution. Nintendo does not warrant, verify or guarantee, and is not liable for, the quality, accuracy or integrity of any User Content or Submissions that you may access. However, we reserve the right to, at our sole discretion, remove, take down, destroy or delete any User Content or Submissions at any time and for any reason. We may access, use and disclose any Submissions or User Content transmitted by you via or in connection with the Service, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to protect our rights or property, or to protect users of the Service from fraudulent, abusive, or unlawful use of the Service. Any use of the Service in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Service.

General

This Agreement constitutes the entire agreement between you and Nintendo and governs your use of the Service, superseding any prior agreements between you and Nintendo with respect to use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Nintendo’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

By using the Service, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Nintendo. If any of the terms of this Agreement shall be deemed invalid, void or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Nintendo may terminate this Agreement, or terminate or suspend your access to the Service at any time, with or without cause, with or without notice.

38 Nintendo of America Online Privacy Administrator, 4820 150th Ave NE, Redmond, WA 98052 or visit www.nintendowifi.com.

WARRANTY & SERVICE INFORMATION	REV–Q

You may need only simple instructions to correct a problem with your product. Try our website at support.nintendo.com or call our Consumer Assistance Hotline at 1-800-255-3700, rather than goingto your retailer. Hours of operation are 6 a.m. to 7 p.m., Pacific Time, Monday - Sunday (times subject to change). If the problem cannot be solved with the troubleshooting information available online or over the telephone, you will be offered express factory service through Nintendo. Please do not send any products to Nintendo without contacting us first.

HARDWARE WARRANTY

Nintendo of America Inc. (“Nintendo”) warrants to the original purchaser that the hardware product shall be free from defects in material and workmanship for twelve (12) months from the date of purchase. If a defect coveredby this warranty occurs during this warranty period, Nintendo will repair or replace the defective hardware product or component, free of charge.* The original purchaser is entitled to this warranty only if the date of purchase is registered at point of sale or the consumer can demonstrate, to Nintendo’s satisfaction, that the product was purchased within the last 12 months.

GAME & ACCESSORY WARRANTY

Nintendo warrants to the original purchaser that the product (games and accessories) shall be free from defects in material and workmanship for a period of three (3) months from the date of purchase. If a defect covered by this warranty occurs during this three (3) month warranty period, Nintendo will repair or replace the defective product, free of charge.*

SERVICE AFTER EXPIRATION OF WARRANTY

Please try our website at support.nintendo.com or call the Consumer Assistance Hotline at 1-800-255-3700 for troubleshooting information and repair or replacement options and pricing.*

*In some instances, it may be necessary for you to ship the complete product, FREIGHT PREPAID AND INSURED FOR LOSS OR DAMAGE, to Nintendo. Please do not send any products to Nintendo without contacting us first.

WARRANTY LIMITATIONS

THIS WARRANTY SHALL NOT APPLY IF THIS PRODUCT: (a) IS USED WITH PRODUCTS NOT SOLD OR LICENSED BY NINTENDO (INCLUDING, BUT NOT LIMITED TO, NON-LICENSED GAME ENHANCEMENT AND COPIER DEVICES, ADAPTERS, AND POWER SUPPLIES); (b) IS USED FOR COMMERCIAL PURPOSES (INCLUDING RENTAL); (c) IS MODIFIED OR TAMPERED WITH; (d) IS DAMAGED BY NEGLIGENCE, ACCIDENT, UNREASONABLE USE, OR BY OTHER CAUSES UNRELATED TO DEFECTIVE MATERIALS OR WORKMANSHIP; OR (e) HAS HAD THE SERIAL NUMBER ALTERED, DEFACED OR REMOVED.

ANY APPLICABLE IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY LIMITED IN DURATION TO THE WARRANTY PERIODS DESCRIBED ABOVE (12 MONTHS OR 3 MONTHS, AS APPLICABLE). IN NO EVENT SHALL NINTENDO BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY IMPLIED OR EXPRESS WARRANTIES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

This warranty gives you specific legal rights. You may also have other rights which vary from state to state or province to province.

Nintendo’s address is: Nintendo of America Inc., P.O. Box 957, Redmond, WA 98073-0957 U.S.A.

This warranty is only valid in the United States and Canada.