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From: <no-reply@accounts.nintendo.com>
To: <bob@sarahharvey.com>
Subject: [Nintendo Account] Account creation
Date: Tue, 13 Feb 2024 21:09:17 +0100
Message-ID: <0101018da4168b4d-b95d7c8f-d63d-40a4-831b-1dedbe5473b3-000000@us-west-2.amazonses.com>
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This is an automatically generated e-mail from Nintendo.

-------------------------
Nickname: Cooldad60

The Nintendo Account has been created.
Keep the following information somewhere safe. You'll need it if you sign in
to your Nintendo Account using a different device or if you forget your
password.

▼Nickname
Cooldad60

▼E-mail address
bob@sarahharvey.com

▼Password
(Password is not shown here.)

▼Date of birth
9/3/1964

If you do not know why you have received this e-mail, please delete it.

-------------------------
Sincerely,
Nintendo Co., Ltd.

You cannot reply to this e-mail address.
If you have any questions, please see the information below on how to
contact us.

▽Nintendo Account | FAQ
https://www.nintendo.co.uk/nintendoaccount/FAQ

Inquiry code:
6BJJ-86G6-88M3-64CJ


==========================
NINTENDO ACCOUNT AGREEMENT
==========================
Version: 05.2022 (EN-EU)

This is a binding agreement between you, an individual, Nintendo Co., Ltd.,
11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto, 601-8501, Japan, phone
number: (+44) 0345 60 50 247 (United Kingdom), (+44) 0345 60 50 247
(Ireland) ("NCL") and Nintendo of Europe GmbH, Goldsteinstrasse 235, 60528
Frankfurt am Main, Germany, phone number: (+44) 0345 60 50 247 (United
Kingdom), (+44) 0345 60 50 247 (Ireland) ("NOE"). NOE and NCL are together
and individually referred to as "Nintendo" or "we" or "our". This Nintendo
Account Agreement (the "Agreement") covers your use of the Nintendo Account.

This Agreement comes into force when you register your Nintendo Account and
indicate your acceptance of this Agreement during the registration by means
specifically provided by Nintendo for this purpose.

If you are under the age of 18, your parent or legal guardian must accept
this Agreement on your behalf.


GENERAL PROVISIONS

(1) DEFINITIONS

In this Agreement, the following terms shall have the following meanings:

"Digital Products" refers to all games, applications, software, add-on
content for games, applications and software, vouchers for digital services
and other digital content and digital services which can be accessed via the
Nintendo Account Service.

"Nintendo Account" refers to an individual account created by NCL for a
person who submitted the registration request and accepted the terms of this
Agreement by means specifically provided by NCL for this purpose.

"Nintendo Account Service" refers to an aggregate of all games,
applications, software, services, portals, data, websites and other content,
whether commercial or non-commercial content, of Nintendo or third-party
partners of Nintendo, that is available to users with a registered Nintendo
Account when they access games, applications, software, portals, messages,
information, data and other content identified as Nintendo Account Service
content on any device connected to the internet.

"Nintendo Intellectual Property" refers to all intellectual property,
including but not limited to registered and unregistered trademarks, service
marks, logos, registered and unregistered designs, copyrights, database
rights, inventions, patents, trade secrets, know-how, Mii characters and
other confidential and proprietary information which Nintendo developed,
owns or is granted a licence to use.

"Nintendo Shopping Services" refers to any applications, software and
services  operated by NOE that allow users by using a Nintendo Account to
(i) acquire Digital Products from NOE, free of charge or against payment,
and/or to (ii) register licenses for and download games, applications,
software, add-on content for games, applications and software, vouchers for
digital services and other digital content.

"Third-Party Services" refers to any applications, software, add-on content,
services, websites, portals, data and other digital content operated by
third parties that may be accessible via the Nintendo Account Service, but
that are not operated by Nintendo and that allow users to access or register
games, applications, software and other digital content of third parties
independently from the Nintendo Account under the terms established by third
parties.

"User Device" refers to a device manufactured by Nintendo or a third party
on which a Nintendo Account user uses a Nintendo Account to access the
Nintendo Account Service.

"User-Generated Content" refers to any communications, messages, text,
images, drawings, photos, sound, voice, audio recordings, music, movies,
information, data and any other material and content (including user names,
nicknames, customised Mii characters, Mii nicknames, customised levels,
maps, scenarios etc.) that is created by or licensed to Nintendo Account
users and that is posted, sent or otherwise made available by a Nintendo
Account user via the Nintendo Account Service.

(2) NINTENDO ACCOUNT

To use the Nintendo Account Service, you must register a Nintendo Account
with NCL. You must provide accurate and complete data during the
registration and update your registration data if it changes.

If you change the country registered with your Nintendo Account, you must
agree to the Nintendo Account agreement applicable for the new country.

The Nintendo Account is personal to you, and you may not sell, trade, assign
or otherwise transfer your Nintendo Account to any other person or entity.

You are responsible for all transactions made via your Nintendo Account. You
must keep your sign-in information secure at all times. In the event you
become aware of or reasonably suspect any breach of security, such as an
unauthorised access to your Nintendo Account by a third party, or any loss,
theft or disclosure of your sign-in information, you must immediately notify
NCL.

NCL, at its sole discretion, may allow you to link your Nintendo Account to
one or several devices manufactured by Nintendo or third parties. If your
Nintendo Account is linked to such a device, you must delete your Nintendo
Account and any other content that is personal to you from such a device
before you sell or otherwise transfer this device to another person.

You may be able to set up additional Nintendo Accounts on behalf of your
children or wards that are dependent on your Nintendo Account. You agree to
be bound by this Agreement for any such associated Nintendo Accounts
(including those for children below the age of 16) you hold now or set up
later and that you are responsible for all activities and transactions that
take place through your Nintendo Account and any associated Nintendo
Accounts.

Children from the age of 16 may use a Nintendo Account set up for them by
their parent or legal guardian which is not an associated Nintendo Account.
Parents or legal guardians must supervise their children's use of the
Nintendo Account at all times.

Parents or legal guardians are responsible for using the parental control
functionalities offered by Nintendo as part of the Nintendo Account Service
if they want to limit their children's use of Nintendo Account Service.

(3) USE OF NINTENDO ACCOUNT SERVICE

The Nintendo Account Service is solely for your own personal recreational
and non-commercial use. The Nintendo Account Service must not be used for
any other purpose.

You are responsible for all costs in relation to the use of your Nintendo
Account, whether by yourself or by your friends, your family or any other
third party (including any internet connection fees, the costs for the
necessary equipment and any other relevant fees and charges). The exact
amount of these costs depends, among other things, on the device that you
use to access the Nintendo Account Service, on your activities in the
Nintendo Account Service and on the conditions of your internet access
provider.

The Nintendo Account Service is not available in all countries. Games,
applications, software, services, portals, data and other content offered
via the Nintendo Account Service may differ from country to country.
Nintendo may from time to time change the Nintendo Account Service, in part
or in whole, for the benefit of the Nintendo Account Service users.

Age restrictions may apply to certain Nintendo Account Services.

(4) USER-GENERATED CONTENT

NCL is not responsible for any User-Generated Content. User-Generated
Content is the sole responsibility of the Nintendo Account user who posted,
sent or otherwise made available such User-Generated Content via the
Nintendo Account. NCL is not obligated to monitor User-Generated Content.
However, if Nintendo becomes aware of possibly unlawful or inappropriate
User-Generated Content, NCL reserves the right to delete or to block access
to such User-Generated Content at its own discretion.

If you post, send or otherwise make available User-Generated Content via
your Nintendo Account you grant NCL a non-exclusive, worldwide,
royalty-free, perpetual and fully transferable right to reproduce, publish
and make available User-Generated Content via the Nintendo Account Service
as envisaged by the application that you use to post, send or otherwise make
available such User-Generated Content. This does not apply to User-Generated
Content contained in any private messages or in any other private
communication.

You acknowledge that any User-Generated Content that you publish via the
Nintendo Account Service or share with other users may be viewed,
reproduced, published and/or modified by third parties (for example, by
making a screenshot of such User-Generated Content). You should not include
personal information such as your name, your email address, your address or
your telephone number or any other sensitive data in User-Generated Content.

Subject to Article 6,  the Nintendo Account Service may be changed, in part
or in whole, at any time and any User-Generated Content may be deleted from
the Nintendo Account Service at any time. NCL is not obligated to store any
User-Generated Content.

User-Generated Content that you post, send or otherwise make available
through your Nintendo Account Service must comply with the Nintendo Code of
Conduct.

(5) NINTENDO CODE OF CONDUCT

When using the Nintendo Account Service, you must comply with the Nintendo
Code of Conduct. The Nintendo Code of Conduct prohibits all illegal, harmful
or otherwise inappropriate conduct, including but not limited to the
following:

• Illegal, harassing, hateful, defamatory, embarrassing, offensive, obscene,
sexually explicit or otherwise objectionable actions performed with the
Nintendo Account;
• Providing any incorrect or false data when registering or using the
Nintendo Account;
• Making, sharing or playing unauthorised copies of games, applications,
software, add-on content, music, images, videos and other content available
via the Nintendo Account Service; making new versions of Digital Products or
other content available via the Nintendo Account Service ("derivatives");
• Using cheats, automation software (bots), hacks, mods or any other
unauthorised software designed to modify the Nintendo Account Service or any
part of it or using any unauthorised User Device or any unauthorised
modification of the User Device; attempting to derive source code of the
Nintendo Account Service;
• Gaining unauthorised access to any of Nintendo's computers, hardware,
equipment, servers or networks used to support the Nintendo Account Service;
hosting, intercepting, emulating, reverse engineering any part of the
Nintendo Account Service or redirecting the communication protocols used by
Nintendo as part of the Nintendo Account Service, regardless of the method
used to do so;
• Engaging in any commercial or advertising activity, or arranging meetings
using a Nintendo Account;
• Selling, trading, assigning or otherwise transferring or selling access to
a Nintendo Account to another person or entity;
• Posting, sending or otherwise making available via Nintendo Account
Service any content that infringes the rights of others, including any
patent, trademark, trade secret, copyright, privacy rights, portrait rights
or other intellectual property or proprietary rights;
• Posting, sending or otherwise making available via Nintendo Account
Service any content that contains personal data (including photos, images
and videos) of any third party without their permission;
• Selling, trading, assigning, licensing, or otherwise conveying virtual
property for real money or for funds credited to a Nintendo Account, where
"virtual property" refers to any features of games or other content that can
be traded with other users for free or for in-game virtual currency;
• Fraudulent activities performed in relation to the Nintendo Account
Service (in particular in relation to transactions in Nintendo Shopping
Services).

(6) BACKGROUND COMMUNICATION FEATURES, UPDATES OF AND CHANGES TO THE
NINTENDO ACCOUNT SERVICE

If background communication features are enabled on your User Device, your
User Device may perform automatic background communication with Nintendo
servers and other User Devices.

Background communication with Nintendo servers enables your User Device to
receive system updates, updates for software and applications installed on
your User Device, updates for content on the Nintendo Account Service, new
applications and important service messages from Nintendo. A system or
software update may be required to fully enjoy all features of the Nintendo
Account Service.

Nintendo will inform you about function-maintaining updates, including
security updates, that are necessary to maintain the Nintendo Account
Service or parts thereof in conformity.

Nintendo reserves the right to modify the Nintendo Account Service or parts
thereof beyond what is necessary to maintain the Nintendo Account Service or
parts thereof in conformity in case of a valid reason for such modification.
A valid reason exists if the modification introduces new services, features
or functionalities (in particular to improve or further develop the Nintendo
Account Service or parts thereof), if the Nintendo Account Service or parts
thereof have to be adapted to a new technical environment or to increased
user numbers or if modifications are necessary for operational reasons.
Nintendo will inform you about any such modifications.

Background communication with other User Devices may happen depending on the
application you use. You will be informed about the background communication
features in the respective application.

You can disable background communication features in the settings of your
User Device and/or in the settings of the respective application. Depending
on your User Device, you may also disable background communication features
completely by switching off your User Device communication functions.

(7) THIRD-PARTY SERVICES

Nintendo Account users may have access to Third-Party Services. Third-Party
Services are operated, offered and distributed by third parties at the sole
responsibility of third parties. Nintendo neither becomes a party nor
participates in any other way in any contract you may conclude with a third
party through Third-Party Services. Products that you may acquire via
Third-Party Services are not registered to your Nintendo Account. Nintendo
assumes no liability in respect of Third-Party Services. Third-Party
Services are subject to terms and conditions provided by the respective
third parties.

Parental control functionalities offered by Nintendo may not work with
Third-Party Services.

(8) NINTENDO INTELLECTUAL PROPERTY

NCL owns all rights, titles and interest (including all intellectual
property rights) in, and has the right to use and sublicense, the Nintendo
Intellectual Property necessary to operate the Nintendo Account Service. NCL
grants to you a personal licence to use the Nintendo Intellectual Property
as far as this is necessary to use your Nintendo Account in compliance with
the terms of this Agreement. You may not transfer, assign, sublicense or
otherwise dispose of this licence to another person or entity and may not
use the Nintendo Intellectual Property for any commercial purpose. Further
to the licence set out in this Agreement, NCL does not provide you with any
right, title or interest in the Nintendo Intellectual Property. NCL reserves
all rights in the Nintendo Intellectual Property.

(9) NINTENDO'S LIABILITY TO YOU AND STATUTORY PROVISIONS ON DEFECTS

NCL is liable for damages arising as a foreseeable result of NCL's
negligence or NCL's breach of this Agreement. NOE is liable for damages
arising as foreseeable result of NOE's negligence or NOE's breach of this
Agreement.

We are not responsible for any loss or damage that is not foreseeable. Loss
or damage are foreseeable if they were an obvious consequence of our breach
or if they were contemplated by you and us at the time we entered into this
Agreement.

As the Nintendo Account Service is for your own personal recreational and
non-commercial use, we are also not responsible for any loss of profit, loss
of business, business interruption, loss of data or loss of business
opportunity.

We do not in any way exclude or limit our liability for: intent or gross
negligence; death or personal injury; fraud or fraudulent misrepresentation;
any breach of the terms implied by law relating to our title to the Nintendo
Intellectual Property; any breach of the terms implied by law relating to
the description, satisfactory quality and fitness for purpose of products
which may be offered via the Nintendo Account Service; and product
liability.

In the event of a defect, the statutory provisions shall apply. A claim for
damages shall only exist to the extent that it is not excluded or limited
under the provisions of this Article 9.

(10) INDEMNITY

You agree to indemnify and hold Nintendo, its affiliates and subsidiaries
harmless from and against any loss, liability, claim (including reasonable
attorney fees) arising out of or in connection with your use of the Nintendo
Account Service in an unlawful manner or otherwise in breach of the terms of
this Agreement (including, without limitation, the Nintendo Code of
Conduct). This indemnity shall include but not be limited to any loss,
liability, claim arising out of or in connection with any User-Generated
Content, including, without limitation, any photographs, videos or any other
materials you upload.

(11) CHANGES TO THE AGREEMENT

A current version of this Agreement will always be available on Nintendo's
website. Nintendo may change the terms and conditions of this Agreement at
any time so far as this is necessary or helpful to enhance the service or to
adapt it to reflect changes in technical or legal requirements, as far as
the contractual relationship is not changed to your disadvantage and
provided that the changes do not change the main performance obligations of
the contractual relationship between Nintendo and you. If we make changes,
we will give a notification to you via email or by other appropriate means;
if you do not object to these changes within 4 weeks after they have been
communicated to you, the changes will be deemed to be accepted (the
notification will inform you accordingly). Alternatively, Nintendo may offer
you to re-accept the revised Agreement by means provided by Nintendo for
this purpose. If you object to the changes, Nintendo reserves the right to
terminate this Agreement or any portion of it upon reasonable notice and you
will have to register again if you wish to continue using the Nintendo
Account Service under the new terms and conditions.

(12) TERMINATION AND TRANSFER OF THE AGREEMENT

You may terminate this Agreement at any time by deleting your Nintendo
Account.

Nintendo may terminate this Agreement, or any part of this Agreement, at any
time, without notice if you breach the terms of this Agreement. In case of
minor breaches Nintendo will provide you with a prior warning of your
non-compliance and give you an opportunity to remedy this. However, if your
behaviour is utterly unacceptable, Nintendo is not required to provide you
with such prior warning. Behaviour is considered utterly unacceptable in
case of serious violations of the Nintendo Code of Conduct and other
important provisions of this Agreement.

Nintendo may also terminate this Agreement, or any part of this Agreement,
at any time, for legal, technical or commercial reasons. In this case, we
will provide you with reasonable advance notice.

The termination of this Agreement for any reason will lead to the
termination of any licences granted under the Agreement and will prevent
your use of the Nintendo Account Service, including, but not limited to,
Nintendo Shopping Services. The termination of a part of this Agreement may
limit your use of selected applications and functionalities of the Nintendo
Account Service.

You agree that any termination of your Nintendo Account may also affect any
associated Nintendo Accounts as described in Article 2.

If this Agreement is terminated for any reason, Articles 8, 9, 10, 13 and 14
will remain in effect.

Either of NCL or NOE may transfer in its sole discretion the entire
contractual relation with you under this Agreement, or parts thereof, to the
respective other affiliated Nintendo company. You will be informed of such
transfer at least one month in advance.

(13) 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 the
initial intention.

(14) GOVERNING LAW

14.1 Except to the extent expressly provided in section 14.2, this Agreement
and the relationship between you and NCL shall be governed by the laws of
Japan, to the exclusion of the UN Sales Convention on Contracts for the
International Sale of Goods. For the avoidance of doubts, this does not
affect the applicability of mandatory statutory laws such as consumer
protection laws of your country of residence.

14.2 The relationship between you and NOE, in particular when acquiring
Digital Products via the Nintendo Shopping Services from NOE, shall be
governed by the laws of Germany, to the exclusion of the UN Sales Convention
on Contracts for the International Sale of Goods. For the avoidance of
doubts, this does not affect the applicability of mandatory statutory laws
such as consumer protection laws of your country of residence.

(15) CUSTOMER SUPPORT

If you have any questions about this Agreement, please contact us by email:
service@nintendo.de.

(16) USE OF DIGITAL PRODUCTS ON APPLE'S DEVICES

If you use the Digital Product on a device provided by Apple, Inc.
("Apple"), the following applies:

16.1 The Digital Product should be used in line with the App Store Terms of
Service.

16.2 The parties acknowledge that Apple has no obligation to furnish any
maintenance or support services with respect to the Digital Product.

16.3 The parties acknowledge that Apple bears no responsibility for any
claims that the use of the Digital Product infringes the intellectual
property rights of third parties.

16.4 You represent and warrant that you do not live in a US export-embargoed
country or a country designated as a "terrorist supporting" country by the
United States government, and that you are not on the list of people barred
or excluded from the United States.

16.5 The parties acknowledge and agree that Apple and Apple's subsidiaries
are third party beneficiaries of this Agreement and Apple will have the
right (and will be deemed to have accepted the right) to enforce the
Agreement against you as a third party beneficiary thereof.

(17) RIGHT TO CANCEL

***********************
INSTRUCTIONS FOR RIGHT TO CANCEL

You have the right to cancel this contract within 14 days without giving any
reason.

The cancellation period will expire after 14 days from the day of the
conclusion of the contract.

To exercise the right to cancel, you must inform us (Nintendo Co., Ltd.,
11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto, 601-8501, Japan, or to our
appointed representative for UK and EU users: Nintendo of Europe GmbH,
Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany, phone number: (+44)
0345 60 50 247 (United Kingdom), (+44) 0345 60 50 247 (Ireland), email:
service@nintendo.de) of your decision to cancel this contract by a clear
statement (e.g. a letter sent by post or email). You may use the attached
model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your
communication concerning your exercise of the right to cancel before the
cancellation period has expired.

EFFECTS OF CANCELLATION

If you cancel this contract, we will reimburse to you all payments received
from you, including the costs of delivery (except for the supplementary
costs arising if you chose a type of delivery other than the least expensive
type of standard delivery offered by us).

We will make the reimbursement without undue delay and not later than 14
days after the day on which we are informed about your decision to cancel
this contract.

We will make the reimbursement using the same means of payment as you used
for the initial transaction, unless you have expressly agreed otherwise; in
any event, you will not incur any fees as result of the reimbursement.

If you requested to begin the performance of services during the
cancellation period, you shall pay us an amount which is in proportion to
what has been performed until you have communicated us your cancellation
from this contract, in comparison with the full coverage of the contract.
***********************

THE CANCELLATION RIGHT EXPIRES EARLIER IN RESPECT OF THE CONTRACTS LISTED
BELOW:

• contracts for the supply of digital content where we supply digital
content not on a tangible medium and where the contract places you under an
obligation to pay: the cancellation right expires if we have begun our
supply of the digital content after you have expressly consented that we can
begin the supply before the cancellation period ends, you have acknowledged
that you lose your right to cancel the contract in this circumstance and we
provided confirmation of the contract;
• contracts for the supply of digital content where we supply digital
content not on a tangible medium and where there is no obligation to pay:
the cancellation right expires earlier if we have begun our supply of the
digital content;
• service contracts where the contract places you under an obligation to
pay: the cancellation right expires earlier if the service has been fully
performed by us, the performance of the service began with your prior
express consent, you acknowledged that you lose your right of cancellation
once the contract has been fully performed and we provided confirmation of
your consent;
• services contracts with no obligation to pay: the cancellation right
expires earlier if the service has been fully performed by us.

***********************
MODEL CANCELLATION FORM

(If you want to cancel the contract please complete and return this form.)
- To Nintendo Co., Ltd., 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto,
601-8501, Japan, or to our appointed representative for EU users: Nintendo
of Europe GmbH, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany,
email address: service@nintendo.de

I/We ( * ) hereby give notice that I/we ( * ) cancel my/our ( * ) contract
of sale of the following goods( * )/for the provision of the following
service ( * ):
- Ordered on( * )/received on ( * );
- Name of consumer(s);
- Address of consumer(s);
- Signature of consumer(s) (only if this form is notified on paper),
- Date:
( * ) Delete as appropriate.