Nintendo

You are agreeing to give up the right to bring a class action lawsuit against Nintendo.

“ANY SUCH ARBITRATION SHALL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.”

What that means: You cannot join a group lawsuit against Nintendo, even if many users are affected by the same issue.

The terms mandate that all claims must be resolved through individual arbitration administered by the AAA, explicitly banning class actions.

You are agreeing to waive your right to a jury trial in public court.

“The parties understand that, absent this mandatory provision, they may have the right to sue in court and have a jury trial.”

What that means: A private arbitrator decides your case, not a judge or jury of your peers.

By accepting these terms, you waive your constitutional right to a jury trial in public courts for most disputes.

You are agreeing to give Nintendo permanent rights to your content for commercial use.

“you grant Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sublicenseable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content... including for promotional or marketing purposes.”

What that means: Nintendo can sell or share your creative work indefinitely without giving you credit or money.

Nintendo takes a broad, forever license to your content that allows them to sub-license it to others and use it commercially without paying you.

You are agreeing to pay for Nintendo's legal costs if you cause them trouble.

“If the Nintendo Parties are subject to any actual or threatened claims... as a result of your use... then you agree to indemnify the Nintendo Parties from all such Covered Losses and any related costs, such as reasonable attorney’s fees.”

What that means: You could face significant financial liability to cover the company's legal bills.

You must pay for Nintendo's legal defense and losses if a third party sues them because of something you did on the site.

You are agreeing to accept all risks associated with using the service.

“USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINTENDO... CREATES A WARRANTY. THE SERVICES ARE PROVIDED 'AS-IS' WITHOUT WARRANTY OF ANY KIND.”

What that means: If the service fails or causes issues, you have little recourse and bear the full burden.

The document states that you use the service entirely at your own risk and provides no guarantees about performance.

You are agreeing to supervise your child and bind them to these terms.

“The Services may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms.”

What that means: Children under 18 can use the service, but their data is collected under the parent's agreed terms.

While it restricts usage for those under 18, it acknowledges that data collection occurs if parental supervision is present and consents to terms.

You are agreeing to be bound by any future changes to these terms.

“Your continued use of the Services following any notice we provide will confirm that you have agreed to the amended Terms.”

What that means: You might be bound to new rules without having to actively click 'Accept' again.

Nintendo can change these terms at any time, and your continued use counts as your agreement to the new changes.

You are agreeing to limit the damages Nintendo must pay you.

“NINTENDO... WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, USE... EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.”

What that means: You cannot sue for consequential damages, limiting your potential recovery significantly.

The company caps its financial responsibility to you and excludes liability for indirect damages like lost profits.