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Nintendo DSi Code of Conduct

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Support and Troubleshooting

SECURITY

We have established reasonable safeguards to secure sensitive and Personal Information collected directly by us in an effort to ensure the security, integrity and privacy of the Personal Information submitted or collected from your Nintendo DSi. We also have implemented reasonable security measures in an effort to protect information under our control against loss, misuse or alteration. Personal Information is stored in firewall-protected servers. Nintendo will notify users of a data breach involving unencrypted Personal Information by email or by posting a notice on our website. We also work hard to limit access to Personal Information to those employees performing a legitimate business function. If you contact us concerning your Nintendo DSi Shop account, we will verify your identity before discussing your account. While we strive to safeguard your sensitive and Personal Information, no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. Please note that information collected from and provided by you to other persons or entities may not have the same security protections as information you submit to us, and you are responsible for protecting the security of any such information. If you install unauthorized applications or content to your Nintendo DSi, your sensitive or Personal Information may be collected or compromised. Nintendo is not responsible for any data collection, use or disclosure resulting from the use or installation of unauthorized applications or content.

UPDATING YOUR INFORMATION OR OPTING OUT OF INFORMATION COLLECTION

Use of the Nintendo DSi does not require disclosure of Personal Information. If you have provided Personal Information to us, you can update your preferences or opt-out of further collection as follows. In order to completely opt-out from the collection of any information about you relating to the Nintendo DSi, both anonymous and Personal, you must disable your Nintendo WFC. If you have linked your Club Nintendo account to your Nintendo DSi Shop Account or other Nintendo DSi online applications, (collectively “Features”), you must unlink those Features from your Club Nintendo account in order to stop the collection of information about you. You may do so in the Settings section of the Nintendo DSi Shop. You may update any Personal Information you have submitted to Nintendo through the Nintendo DSi by going to club.nintendo.com and logging in to your Club Nintendo account.

INTERNATIONAL USERS

Any information you provide or that is collected through the Nintendo DSi may be stored and processed in the United States or any other country in which we or our affiliated companies, vendors or agents maintain facilities. As such, Personal Information may be accessed by foreign governmental authorities and otherwise in accordance with the laws applicable in the jurisdiction in which it is stored. By using the Nintendo DSi, you consent to such storage and processing. We abide by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. However, this Privacy Policy is intended to meet the laws and requirements of the United States and those of Canada and Latin America, which may not be the same as the laws and regulations of your home country. If you are not located in the United States, Canada or Latin America please go back to the country selection screen and select an appropriate country so that you will be aware of the policies that apply to you.

CONTACT US WITH YOUR PRIVACY QUESTIONS, COMMENTS OR CONCERNS

If you have any questions, complaints or comments regarding this Privacy Policy or our practices, please contact the Nintendo DSi Privacy Policy Administrator via email at privacypolicy@noa.nintendo.com, by phone at (888) 977-7627, or by regular mail at Nintendo, Attn: Online Privacy Policy Administrator, 4820 150th Avenue NE, Redmond, WA 98052. Nintendo is a licensee of the Entertainment Software Rating Board’s Privacy Online Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy/contact.jsp, ESRB Attn: Privacy Online Program, 317 Madison Avenue, 22nd Floor New York, NY 10017 or privacyinfo@esrb.org.

DEFINITIONS

“Content” means the software, services, material and other data which we own or have the right to use, distribute or sublicense, and which we send to, or make available as a download through, the Nintendo DSi System or the Nintendo DSi Service.

“Nintendo Zone” means a hotspot or download station that allows you to access Content, Third-Party Data, and other services. “Points” means the points that you purchase from us through the Nintendo DSi Shop or through points cards sold or distributed by us or our retailers and promotional partners and that you may exchange with us for a license to download Content or to purchase Products. “Products” means any goods other than Content that are made available for purchase from us through the Nintendo DSi Shop. “Third-Party Data” means Content or other software, services, material, messages (including commercial and non-commercial messages), links to Internet sites, and other data either created by, or sent to, your Nintendo DSi System through the Nintendo DSi Service by any non-Nintendo entity or person (including you).

“Nintendo DSi Service” means the service whereby we can distribute Content, messages (including commercial and non-commercial messages) and other data to your Nintendo DSi System, or link you to an Internet site, and whereby you can send and receive Content, messages (including commercial and non-commercial messages), and other data, including Third-Party Data, using your Nintendo DSi System. The “Nintendo DSi Service” includes, but is not limited to, the Nintendo DSi Shop and Nintendo Zones.

“Nintendo DSi Shop Account” means an account on your Nintendo DSi System which you set up and use in connection with the Nintendo DSi Shop.

“Nintendo DSi Shop” means our online Nintendo DSi System’s store, which offers such things as Points, Content, Products, and a download service, all of which Nintendo directly or indirectly operates.

“Nintendo DSi System” means the handheld device (including imbedded software and accessories) sold and marketed by Nintendo under the Nintendo DSi brand, including any succeeding devices and compatible devices.

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

The Nintendo DSi Code of Conduct may be found at http://support.nintendo.com and may be revised and updated by us at anytime. If you do not have Internet access, please contact Nintendo Customer Service to receive a current version of the Nintendo DSi Code of Conduct, free of charge. All capitalized terms not defined in this Nintendo DSi Code of Conduct will have the meaning set forth in the Nintendo DSi Services User Agreement.

1.Your use of the Nintendo DSi Service is subject to this Nintendo DSi 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 Nintendo’s sole discretion, in connection with the Nintendo DSi Service.

• Downloading, sharing or playing unauthorized software, copies of games, music or images on the Nintendo DSi System.

This activity may be illegal and voids your warranty.

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• Using an unauthorized device with the Nintendo DSi System or making unauthorized technical modifications to your

and

Nintendo DSi System voids your warranty and may be illegal. Nintendo may make technical changes to the Nintendo DSi

Troubleshooting

System, software and/or Nintendo DSi Service to disable the modification.

 

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

 

• Trying to access another person’s Nintendo DSi Service without permission or trying to access any of Nintendo’s computers,

 

hardware or networks used to provide the Nintendo DSi Service.

 

• 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 Nintendo DSi Service, regardless of the method used to do so.

 

• Engaging in any commercial activity using the Nintendo DSi System or any other activity that disrupts, diminishes the

 

quality of, interferes with the performance of, or impairs the functionality of a Nintendo DSi System, including the Nintendo

 

DSi Service or networks connected to the Nintendo DSi Service.

 

• Accessing or attempting to access another person’s Nintendo DSi System, including, but not limited to a person’s Nintendo

 

DSi Shop Account without permission or trying to access any third party’s, including, but not limited to Nintendo’s

 

computers, hardware or networks.

 

• Uploading, posting, emailing, 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 unauthorized 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 communicate using the Nintendo DSi System or anything that happens on

 

the Nintendo DSi Service or as a result of your use of the Nintendo DSi Service; you alone are responsible.

 

3. Virtual Property. Some games or other content may have certain features that may be traded with other Nintendo DSi

 

Service 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 Points.

 

4. Nintendo reserves the right to immediately terminate or suspend your use of the Nintendo DSi Service for, in Nintendo’s sole

 

discretion, any violation of this Nintendo DSi 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 inquiries, or as otherwise required by law.

 

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