Last updated: June 22, 2010
Wii NETWORK SERVICES USER AGREEMENT
THE FOLLOWING IS AN IMPORTANT LEGAL AGREEMENT. PLEASE SCROLL DOWN!
If you are under the age of 18, STOP! You must get your parent or legal guardian to read and accept the terms of this agreement.
Click the “I Accept” button if you are 18 or over and accept the terms of this agreement.
Click the “I Do Not Accept” button if you are over 18 and do not accept the terms of this agreement.
This agreement is between you and Nintendo and covers use of the Wii Network Service and the Wii Console. Nintendo may also be referred to as “we” or “us.”
Chapter I: Wii Network Service
Article 1: Grant of License
Nintendo grants you a personal, limited, non-exclusive, revocable (in whole or in part) license to use the Wii Network Service, pursuant to this agreement. Specifically:
Although the Wii Network Service is intended for your personal recreational use, you are responsible for anyone using the Wii Network Service through your Wii Console (whether you gave them permission or not), and for ensuring they understand and agree to this agreement.
You may not use the Wii Network Service for commercial or illegal purposes, in a way that may harm another person or company, or in any unauthorized or improper manner as we may specify from time to time in this agreement, our Wii Code of Conduct, or otherwise.
You must clear all Content, Third-Party Data, and any other stored sensitive or personal information stored on your Wii Console prior to selling or otherwise transferring your Wii Console. If you acquire a used Wii Console, you must clear, and may not use, any of this data if still on the Wii Console when you acquire it.
The Wii Network Service is licensed to you for use on your Wii Console only in the United States, Canada, or Latin America.
Chapter II: Unauthorized Software, Services, or Devices or Unlicensed Accessories
Your Wii Console and the Wii Network Service are not designed for use with unauthorized software, services, or devices or non-licensed accessories, and you may not use any of these with your Wii Console or the Wii Network Service. Such use may be illegal, voids any warranty, and is a breach of this agreement. Such use may also lead to injury to you or others or cause performance issues or damage to your Wii Console or the Wii Network Service. We (and our licensees and distributors) are not responsible for damage or loss caused by unauthorized software, services or devices or non-licensed accessories. We may take steps to disable or delete any unauthorized software, services or device installed in your Wii Console, for example, by detecting and disabling them through the Wii Network Service and/or game software. If we detect unauthorized software, services, or devices, your access to the Wii Network Service may be disabled and/or the Wii Console or games may be unplayable.
Chapter III: Updates/Changes
You understand that the Wii Console specifications and the Wii Network Service are constantly evolving and that we may update or change your Wii Console or the Wii Network Service in whole or in part, without notice to you. Such updates may be required for you to play new Wii games or continue to access the Wii Network Service. We may also upgrade, change, or terminate the Content or game software or may discontinue offering Products without notice to you.
Chapter IV: Wii Shop
Article 1: Wii Shop Account
You must create a Wii Shop Account to use the Wii Shop. A Wii Shop Account is personal to you. You are responsible for monitoring use of, and limiting access to, your Wii Shop Account and for anyone using your Wii Shop Account, even without your permission.
Article 2: Downloads and Purchases
The Wii Shop allows you to download a license to use Content or purchase Products. Such downloads and purchases may be accomplished by using Points or other means, such as using codes purchased from Nintendo or a third party which can be redeemed by you to download Content or purchase products from the Wii Shop. The Wii Shop may also allow you to do such things as download licenses to use certain Content for free, or use your Points to send Content to a friend. All such downloads, purchases, and other uses of the Wii Shop are subject to the terms and conditions set forth in this agreement.
Points are primarily intended for the purchase of downloadable video game content, and are taxed accordingly. Points are not your personal property. Points have no cash or monetary value and are non-refundable.
Once you place Points into your Wii Shop Account, you may not withdraw, sell, or transfer them to another. You are responsible for your or anyone else’s use of Points in your Wii Shop Account, even if you did not give them permission to use those Points.
If we suspect fraudulent or unlawful activity concerning your Wii Shop Account or your use of Points, we may cancel, suspend, or otherwise limit your access to all or part of the Wii Network Service. If, as a result, your Wii Shop Account or your Points are deleted, they will be reinstated at our sole discretion.
Article 3: Credit-Card Charges and Your Billing Account
You may use your credit card to purchase Points through the Wii Shop. If you use a credit card, you represent that you are authorized to do so and you agree that you are responsible for all charges to that credit card. Unless otherwise required by law, charges to the credit card to purchase Points are nonrefundable.
Article 4: Account History
Each time you purchase Points through the Wii Shop, and each time you use Points to license Content or purchase Products, the transaction will be reflected in your account history. Account-history information for each transaction will be available for at least one year through the Wii Shop.
Chapter V: Third-Party Data
We are not responsible for any Third-Party Data or for any action you may take relating thereto (including but not limited to modifying, distributing, or posting Third-Party Data). All Third-Party Data is the sole responsibility of the creator or sender of that Third-Party Data. Although we may choose to do so, we are not obligated to monitor, supervise, store, or maintain Third-Party Data or respond to complaints relating to Third-Party Data.
If legally permitted, we may access, use, and disclose any Third-Party Data in order to protect our rights or property, to protect other users of the Wii Network Service, or to comply with legal requirements such as a lawful subpoena. You understand that you have no expectation of privacy in anything you receive or transmit via the Wii Network Service.
Chapter VI: Other
Article 1: Third-Party Providers
We may use third parties to provide any portion of the Wii Network Service. We may offer third party services or material to you (including Content and Products) through the Wii Network Service, so you may use Points to purchase from us a license to use such Content or to get Product. We may also allow third parties to directly provide Third-Party Data to you through the Wii Network Service.
Article 2: Intellectual Property
We own all right, title and interest in, or have the right to distribute, use or sublicense, the Wii Network Service and the Nintendo IP. We do not provide you with any interest in the Wii Network Service or the Nintendo IP. Except as expressly authorized by us in writing, you may not create works based on the Wii Network Service or the Nintendo IP or modify, distribute, or transmit the Nintendo IP. If you do not abide by these requirements, Nintendo shall own all right, title, and interest in any works created, adapted, distributed, or transmitted via the Wii Network Service, or, in the alternative, an unlimited license thereto.
We respect the intellectual property of others. If you believe that any material within the Wii Console infringes upon any intellectual property right which you own or control, you may file a notice of such infringement with us, as provided in Article 15. Our entire Intellectual Property Policy may be viewed at www.nintendo.com/ippolicy.
Article 3: Hosting, Intercepting, Emulating, and Reverse-Engineering Prohibited
You may not host, intercept, emulate, or reverse engineer any part of the Wii Console or the Wii Network Service.
Article 4: Parental Controls Function
You may limit access to certain features of the Wii Console and the Wii Network Service through our parental controls function; however, you are responsible for any features or material that anyone accesses through your Wii Console even if you use the parental controls function.
Article 5: Code of Conduct
Your use of the Wii Network Service is subject to the Wii Code of Conduct, which prohibits all harmful, illegal or otherwise offensive conduct. The most current version of the Wii Code of Conduct, which may be revised by us from time to time, is posted at http://support.nintendo.com. You may also contact our customer-service department, and we will mail you the current version, free of charge.
Article 6: 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 through the Wii Network Service or otherwise. Any unsolicited submissions become our sole and exclusive property and may be used by us with no obligation of confidentiality, payment, or attribution.
Article 7: Protection of Personal Information
Article 8: Warranties
ALTHOUGH WE STAND BEHIND OUR SERVICE, CONTENT AND PRODUCTS, WE AND OUR LICENSEES, LICENSORS AND SUPPLIERS ARE PROVIDING THE Wii NETWORK SERVICE “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE), TO THE MAXIMUM EXTENT PERMITTED BY LAW. USE OF THE Wii NETWORK SERVICE IS AT YOUR SOLE RISK. THIS MEANS, FOR EXAMPLE, THAT WE DO NOT GUARANTEE THAT THE Wii NETWORK SERVICE WILL ALWAYS WORK PROPERLY. THIS ALSO MEANS WE DO NOT GUARANTEE THAT THE Wii NETWORK SERVICE, CONTENT OR PRODUCTS WILL BE FREE FROM VIRUSES, HACKS, OR OTHER POTENTIALLY HARMFUL INTRUSIONS. PLEASE NOTE THAT SOME STATES DO NOT ALLOW SUCH WARRANTY LIMITATIONS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE SEE THE Wii OPERATIONS MANUAL FOR ANY WARRANTIES THAT APPLY TO THE Wii CONSOLE.
Article 9: Limitation on Claims
If you think you have a claim against us related to the Wii Console or the Wii Network Service, you must take legal action within one year after the date of the alleged incident. After the one-year period expires, you may never raise that claim.
Article 10: Change, Suspension or Discontinuance of Wii Network Service
We may change, suspend, or discontinue the Wii Network Service, or any feature or aspect of the Wii Network Service, at any time, with or without notice to you, and without liability to us. This includes, but is not limited to, the availability of all or any portion of the Wii Network Service, Content, Products, Points, and the number of Points required to redeem particular Content or Products.
Article 11: Limited Responsibilities and Indemnification
You agree to waive any and all rights to claim damages or losses caused to you or relating to your inability to use the Wii Network Service (or to anyone else using the Wii Network Service through your Wii Console). You understand you might never be fully compensated for that damage or loss if we or one of our licensees, licensors or suppliers (collectively referred to in this Article 11 as “we” or “us”) somehow harm you. This is because we limit our liability to you (and to others) in several ways:
Your ability to recover damages or losses from us is limited: you may recover only direct damages, up to the total amount you have ever paid for Points. Generally, direct damages are losses you (or anyone else) suffer as the immediate result of something someone has done wrong.
You may not recover any other types of damages, no matter the reason. For example, sometimes a court will award a special amount of damages to punish the person at fault, or, a person might have to pay for damages where the person did not directly cause harm. You agree that we will never have to pay punitive, special, consequential, or incidental damages to you.
We are also not liable to anyone else, or for the actions or inactions of anyone else. For example, if your friend is somehow harmed using the Wii Network Service or the Wii Console, we are not responsible to you, your friend, or anyone else. If another person somehow harms you while using your Wii Console or Wii Network Service, we are not liable to you for that other person’s actions.
These limitations on liability apply to all matters relating to the Wii Network Service and the Wii Console, including your use of the Wii Network Service and your use of Content or Products that do not specify other limitations on liability. These limitations also apply to any legal or equitable theory, including but not limited to breach of contract, breach of warranty, strict liability, negligence, or other tort. Please note, however, that some states or provinces do not permit certain limitations like these, so these limits on other damages may not fully apply to you.
If you breach this agreement, and we or another company or person is harmed by your breach, then you must indemnify us (and our licensees, licensors, and suppliers and any of our employees) from all of the losses and costs related to your breach, including our attorneys’ fees. You must also indemnify us for any claims relating to Third-Party Data modified, created, or sent by you.
Article 12: Expiration and Termination of Agreement
You may cancel your Wii Shop Account by contacting our customer-service department or by following the instructions in the Wii Shop. If your Wii Shop Account is canceled or terminated for any reason, you will no longer be able to use the Wii Shop. You will lose all downloaded Content and forfeit any rights to any unused Points, which become our property.
You may terminate this agreement by removing Content from your Wii Console, discontinuing use of the Wii Network Service, and forfeiting any rights to Points in your Wii Shop Account, which become our property.
We may terminate this agreement, or any portion thereof, at any time, for any reason whatsoever. Such termination will void any licenses granted in accordance with this agreement and may prevent your use of the Wii Network Service.
We have no obligation to return or refund Points to you, even if the agreement ends.
In the event this agreement is terminated or canceled, the following sections will remain in effect: Unauthorized Software, Services, or Devices or Unlicensed Accessories; Credit-Card Charges and Your Billing Account; Intellectual Property; Hosting, Intercepting, Emulating, and Reverse-Engineering Prohibited; Submissions; Warranties; Limitation on Claims; Limited Responsibilities and Indemnification; Expiration and Termination of Agreement; Governing Law, Legal Jurisdiction, and Interpretation of Agreement.
Article 13: Current Agreement and Updates
We may change
the terms and conditions of this agreement, the Wii Code of Conduct,
agreement will be available on the Internet at
http://support.nintendo.com. If you do not have Internet access, you may contact our customer-service department, and we will mail you a current version of this agreement, free of charge. We will post notice on http://support.nintendo.com if the agreement is changed at least 5 days before the changes become legally binding. If you do not agree to these changes, you must cancel your Wii Network Service in accordance with this agreement. If you do not have Internet access, you should periodically contact our customer-service department and ask whether there have been any changes to the agreement since the last version you obtained.
Article 14: Sale, Transfer and Assignment Prohibited
You may not assign all or any part of this agreement or sell or transfer any Content or your Wii Shop Account to any third party. Any attempt by you to do so is void.
Article 15: Customer Service/Notices
To contact our customer-service department regarding this agreement, you may: (i) send an email to [email protected]; (ii) send a letter to Nintendo of America Inc., attn: User Agreement, 4600 150th Ave NE, Redmond, WA 98052; or (iii) call, toll free, 1-888-977-7627.
For all legal matters, such as to file a claim against us or to notify us of an alleged infringement, you must contact or notify us in writing at: Nintendo of America Inc. Attn: General Counsel, 4600 150th Ave NE, Redmond, WA 98052.
Article 16: Governing Law, Legal Jurisdiction, and Interpretation of Agreement
This agreement and any claims arising under it is governed by the laws of the state of Washington, without reference to conflict of laws principles. If you want to sue us with respect to a claim related to this agreement, your lawsuit must be brought in King County, Washington, and you consent to the jurisdiction of courts located there. You agree that if any part of this agreement is determined to be invalid or unenforceable, that part will no longer apply and will be considered deleted from the agreement, but 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. If we choose not to enforce a provision of the agreement, you agree that we are not waiving our right to do so in the future.
Article 17: 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 Wii Console or the Wii Network Service.
“Club Nintendo” means the loyalty program offered by Nintendo.
“Nintendo IP” means all intellectual property, including but not limited to trademarks, copyrights, moral rights, inventions, patents, trade secrets, know-how and other confidential and proprietary information which we developed, own or have a license to use.
“Points” means the points that you purchase from us through the Wii 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 Wii 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 Wii Console through the Wii Network Service by any non-Nintendo entity or person (including you).
“Wii Console” means Nintendo’s system (including the Wii Remote controller) sold and marketed by Nintendo under the Wii brand, including any succeeding systems and compatible systems.
“Wii Network Service” means the service whereby we can distribute Content, messages (including commercial and non-commercial messages) and other data to your Wii Console, 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 Wii Console. The “Wii Network Service” includes, but is not limited to, the Wii Shop.
“Wii Shop Account” means an account on your Wii Console which you set up and use in connection with the Wii Shop.
“Wii Shop” means our online Wii Console’s store, which offers such things as Points, Content, Products, and a download service, all of which Nintendo directly or indirectly operates.
Wii Code of Conduct
Last Updated: March 25, 2009
This Wii Network Service Code of Conduct (“Wii Code of Conduct”) outlines the rules that you must follow to participate in the Wii Network Service. These rules are designed to keep the Wii Network Service a friendly and safe environment.
The complete Wii Code of Conduct may be found at http://support.nintendo.com and may be revised by us at anytime. If you do not have Internet access, please contact Nintendo Customer Service and they will mail you a current version of the Wii Code of Conduct, free of charge. All capitalized terms not defined in this Wii Code of Conduct will have the meaning set forth in the Wii Network Services User Agreement.
1. Your use of the Wii Network Service 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 Service.
Making, sharing or playing unauthorized copies of games, music or images on the Wii Console. This activity is illegal!
Unauthorized technical modifications to your Wii Console voids your warranty and may be illegal. Nintendo may make technical changes to the Wii Console, software and/or Wii Network Service to disable the modification.
Making new versions of existing Content or Products (“derivatives”).
Trying to access another person’s Wii Network Service without permission or trying to access any of Nintendo’s computers, hardware or networks used to provide the Wii Network 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 Wii Network Service, 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 Service or networks connected to the Wii Network Service.
Accessing or attempting to access another person’s Wii Console, including, but not limited to a person’s Wii 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 say or anything that happens on the Wii Network Service or as a result of your use of the Wii Network Service; you alone are responsible.
3. Virtual Property. Some games or other content may have certain features that may be traded with other Wii Network 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 Wii Network Service 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 inquiries, or as otherwise required by law.
Last Updated: March 25, 2009
ATTENTION PARENTS OR LEGAL GUARDIANS: PROTECTING CHILDREN'S PRIVACY
Before allowing your children to use the Wii Network Service, we strongly recommend you educate them on the importance of not sharing personal information about themselves with strangers. In particular, we recommend you tell your children not to use personal information for any nicknames on games, user names, names for Miis or any other applications that use the Wii Network Service. You should also keep in mind that certain Wii games use the Wii Network Service to create the opportunity for users to communicate in-game.
We strongly recommend you assist your children with the setup of the Wii Network Service, and that you supervise your children's use of the Wii Network Service at all times. You can restrict use of certain aspects of the Wii Network Services by setting up the Wii Console’s parental controls function. You may also disconnect your Wii Console from the Wii Network Service, as explained in your Wii Operations Manual.
Personal Information is information that may be directly linked to you such as your name, address, telephone number, or name based e-mail address (for example, [email protected]). We may ask you to provide us with certain Personal Information when you register your Wii Console on the Wii Network Service, download games or contact us with questions or comments. In addition to the Personal Information you provide to us, we may anonymously collect information from you such as your age, gender, geographic area, Wii Console identifier and Wii message address, without linking your Personal Information to this anonymous information. We will not link your Personal Information with any anonymous information we collect from you unless (1) you authorize us to do so; (2) you choose to link your Wii Shop Account to your Club Nintendo account; or (3) we notify you first. In order to provide you with more customized services, we may also receive and record information on our server logs from the Wii Network Service, including but not limited to your internet protocol (IP) address, cookies, transactions, settings and download activity. If you provide sensitive information when communicating with third parties via the Wii Network Service, Nintendo does not receive or collect that information. Your Wii Console may store that sensitive information for your convenience.
HOW SUCH INFORMATION IS USED
We may request either personal or anonymous information from you for several purposes including to: (i) complete your Wii Network Service registration; (ii) customize your Wii Shop catalog and other catalogs; (iii) communicate with you regarding games, contests, sweepstakes, surveys, product changes, system issues and more; (iv) allow you to participate in the Wii messaging service, message boards and other Wii online services; (v) process orders you have placed through the Wii channels; and (vi) set up repair orders. Some of the types of information collected and the way the information is handled are detailed by category below.
Surveys: We may conduct surveys of Wii Console users. The information we collect from you in a survey will be demographic or opinion information and will not be tied to your Personal Information unless we notify you otherwise. The results of aggregate data collected from surveys, but not Personal Information, may be disclosed to the public.
Contests and Sweepstakes: We may host various contests and sweepstakes. To enter you may be required to submit certain Personal Information about yourself. For more information about Nintendo contests or sweepstakes, please see the official rules of the contest or sweepstakes you are entering.
Nintendo Channel: You may choose to share certain anonymous information with us through the Nintendo Channel, which we may use to make certain recommendations to you or to develop new games and services. The Nintendo Channel does not collect Personal Information. Your use of the Nintendo Channel is anonymous and will remain so unless you choose to link your Wii Shop Account to your Club Nintendo account. For more information, please select the “How Your Information Is Used” menu in the Settings section of the Nintendo Channel or visit http://support.nintendo.com.
Wii Shop Account: If you pay for items through the Wii Shop with your credit card, you need to provide a valid credit card number, expiration date, credit card security code and your city, state/county/province and zip code/postal code. We do not ask for your name or your complete address unless you order items that we must ship to you, rather than deliver via a download. You must be over the age of 18 to enter into the Wii Network Service User Agreement, and to place orders online. Any credit card information you submit through the Wii Shop will be transmitted in an encrypted manner. All such encrypted information will be maintained and processed by Nintendo and its trusted third party credit card processor on secure computers that are not accessible from the Internet. This encrypted information is subject to the section below entitled “Security.”
Wii Message Service: When you connect to the Wii Network Service, we provide you an automatically generated Wii message address. Your Wii message address is anonymous and will remain so unless you choose to (a) share it with other people in order to send Wii messages; (b) share it with other people in order for them to add your Wii Console to their in-game friend list; or (c) link your Wii Shop Account to your Club Nintendo account. You have the ability to choose through our parental controls function whether to allow use of the Wii message service on your Wii Console. If you choose not to use the Wii message service, you will not receive emails from third parties. You also can choose not to receive certain messages from Nintendo by selecting the “opt-out” option on Wii channels or by using the opt-out option included in commercial messages sent by Nintendo to your Wii message address. However, you may still receive messages on your Wii Message Board that originate from members of your household as well as messages from us related to transactions or services you have specifically requested; in response to any email from you to us; to notify you of updates or changes to our policies and procedures; or to otherwise provide you with information important to all Wii users.
IP Addresses: Your Wii Console is automatically assigned an IP address by your Internet Service Provider when you connect to the Wii Network Service. The Wii Network Service automatically creates log files of user activities on the Wii Network and may also record the IP address of users. In general, we only use log files to monitor traffic on our Web sites and to troubleshoot technical problems. In the event you do not comply with our Wii Code of Conduct when using the Wii Network Service, however, we may block your IP address. We do not link IP addresses to Personal Information unless we notify you or unless necessary to enforce our Wii Code of Conduct or respond to legal process.
Web Beacons: The Wii Network Service uses common Internet technology called "Web beacons" (also called "Web bugs," "action tags," "pixel trackers," or "clear GIFs"), which are small graphic images placed on a Web page, Web-based document, or in an e-mail message, designed to collect certain information and monitor user activity online. Web beacons are invisible to you because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document or e-mail message. We may use Web beacons to collect non-personal information such as the Wii Console IP address, the URL of the page the Web user comes from, and the time the Web beacon is activated (such as when you view the Web page, advertisement, or e-mail containing the Web beacon). We do not use Web beacons to collect Personal Information.
DISCLOSURE OF INFORMATION
We do not sell or rent any of our customers’ Personal Information to third parties. We may, however, share personal or anonymous information with our vendors to help us perform various functions necessary to operate our business (for example, completing downloads or purchases made through the Wii Shop, developing and executing marketing campaigns, etc.) and with our affiliated companies. We may disclose Personal Information in order to comply with legal process, respond to claims or inquiries, or protect the rights, property or personal safety of Nintendo, our customers or the public. In addition, information about our customers, including Personal Information, may be disclosed as part of any merger, sale, transfer of company assets, or acquisition, if permitted by and done in accordance with applicable laws.
You may link your Wii Shop Account to your Club Nintendo account in order to receive personalized content and participate in a variety of activities, promotions and programs. If you would like to link your accounts, you may do so when you register your Wii Console on the Wii Shop. Once you have linked your Club Nintendo account to your Wii Shop Account, any personally identifiable information you enter on your Club Nintendo account will be linked to your Wii Shop Account. Please note that if you opt-in to receive messages from us in your Club Nintendo account, we may send messages to your Wii message address or other messaging devices you designate such as your mobile phone.
Wii CHANNELS AND GAMES
Certain Wii games and Wii channels give you the opportunity to nickname your Miis, create a user id and interact with other Wii users. 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 not to allow your children to share Personal Information about themselves with other Wii users.
For certain Wii Content, including some Wii games and Wii channels, your Wii Friends may have access to information such as whether you have downloaded or are using a particular Wii game or Wii channel.
INFORMATION STORED ON YOUR Wii REMOTE AND Wii CONSOLE
Certain sensitive or Personal Information about you may be stored on your Wii Console. For your protection, before selling or otherwise transferring your Wii Console, please be sure to clean and securely remove all Personal Information, Wii messages, any pictures or messages on the message board, and all other stored sensitive information on the Wii Network Service, 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.
Your Wii Console may allow certain sensitive or Personal Information to be stored on the Wii Remote as well. Accordingly, by using your Wii Remote on a Wii Console other than your own, it is possible that certain sensitive or Personal Information about you could be shared with the other Wii Console.
UPDATES AND UPGRADES
We may without notifying you, download updates, patches, upgrades and similar software to your Wii Console and may disable unauthorized or illegal software placed on your Wii Console to ensure that your Wii Console is operating properly and efficiently, comply with applicable laws, assist law enforcement, protect us and our customers, or prevent the use and distribution of software obtained through improper channels.
We have established reasonable safeguards to secure Personal Information collected directly by us in an effort to ensure the security, integrity and privacy of the Personal Information collected and transferred through your Wii Network Service. We also have implemented reasonable security measures in an effort to protect information under our control against loss, misuse or alteration. While we strive to safeguard your 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.
OPTINGOUT AND UPDATING YOUR INFORMATION
In order to completely opt-out from the collection of any information about you relating to the Wii Network Service, both anonymous and personal, you must disable your Wii Network Service. If you have linked your Club Nintendo account to your Wii Shop Account, Nintendo Channel or Wii message address (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 Wii Shop.
CONTACT US WITH YOUR PRIVACY QUESTIONS, COMMENTS OR CONCERNS
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_wc_hotline.asp. ESRB Attn: Privacy Online Program, 317 Madison Avenue, 22nd Floor New York, NY 10017 (212) 759-0700 or [email protected].