Terms and Conditions
By using Nintendo Power, you represent, undertake and confirm that you understand, accept and are able to understand and accept these Terms and Conditions, and agree to be bound by these Terms, along with the use of your personal information in accordance with the Data Protection Act of 1998.
If you do not accept or understand these Terms you should not use Nintendo-Power.com or any part of it. That includes without limitation by using, posting or accessing the Content. If you are under the age of 18 or don’t understand these Terms or their meaning, please ask a parent or guardian to explain them and their meaning to you.
I – About Nintendo Power
- Nintendo Power is an online entertainment, education and information service operated and owned by Mr Laurent Denis – 3/1 13 Dudley Drive, G12 9SF, Glasgow, Scotland (UK).
- These Terms and Conditions (“Terms”) apply to all and any use of the web site available at Nintendo-Power.com and its Content.
- Nintendo-Power.com and references to Nintendo-Power.com include the Content, which is made up of and includes:
- any and all publications, podcasts, broadcasts, videos or other content produced by or for Nintendo Power and made available for download from Nintendo-Power.com (“Produced Content”).
- any and all articles, reviews, comments, postings, emails, messages and other content and communications uploaded, submitted, transmitted, posted or otherwise made available by third party users to or using Nintendo-Power.com or any message board or similar services run or made available on or through Nintendo-Power.com (“User Content”).
II – Use of Nintendo-Power.com
- You may download and use Nintendo-Power.com and the Content on it solely for your private, non-commercial, personal use via the internet only.
- Nintendo Power grants you a non-exclusive, limited licence to download and use Nintendo-Power.com and the Content solely for your private, non-commercial, personal use only via the Internet.
- These Terms and the rights granted by them do not grant you any title or ownership in Nintendo-Power.com or any Content and should not be construed as a sale or transfer of any copyright or other right.
- You may not transfer, sub license or deal in these right without Nintendo-Power’s prior written permission.
- You agree not to:
- use Nintendo-Power.com or any Content for any commercial or business purpose;
- include contact details intended to facilitate communication of any sort (email address, postal address, phone number, web address etc.) in any User Content;
- use your access to Nintendo-Power.com, or information gathered from it, for the sending of unsolicited bulk email or any spam;
- process or otherwise use the information contained on or within Nintendo-Power.com or any Content for any illegal or immoral purpose or use or process the same unfairly.
III – Intellectual Property Rights and Nintendo-Power.com and Content
- By “Intellectual Property Rights”, we mean all ownership rights and interests in copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other like rights.
- All Intellectual Property Rights in the Nintendo-Power.com website design and software and all Produced Content belong to and vest in Nintendo Power, or are licensed to Nintendo Power unless otherwise specified. All such rights of Nintendo Power are hereby asserted and reserved.
- In respect of Nintendo-Power.com (including the Content) you shall not:
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to them without Nintendo Power’s prior written permission;
- display, publish, copy, print, post or otherwise use it and the information contained therein for the benefit of any third party or web site without Nintendo Power’s prior written consent;
- hack, attempt to hack, modify, adapt, merge, translate, distribute, transmit, use, re-use, re-post, disassemble, decompile or reverse engineer or create derivative works out of Nintendo-Power.com or any Content or information contained in it, for any purpose other than as expressly permitted above unless expressly permitted by applicable law;
- remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends;
- create software which mimics data or functionality in Nintendo-Power.com;
- use or deal in it except as permitted by these Terms.
- You agree to comply with all applicable rules available on Nintendo-Power.com.
- You must retain all copyright notices and other proprietary notices contained on Nintendo-Power.com and the Content.
- All third party Intellectual Property Rights are the property of their respective owners and Nintendo Power makes no warranty or representation in relation thereto.
IV – Liability
- Nintendo Power provides and maintains Nintendo-Power.com for personal information, education and entertainment, on an “as is” basis.
- Nintendo Power shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with Nintendo-Power.com or any Content.
- Third party web sites and online services to which Nintendo-Power.com links (“External Sites”) have not been verified or reviewed by Nintendo Power.
- All use and access of External Sites is made at your own risk.
- Nintendo Power gives no warranty in connection with Nintendo-Power.com other than as expressly stated and to the maximum extent permitted by law, Nintendo Power excludes liability for:
- any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Nintendo Power has been made aware of;
- the accuracy, currency or validity of the information and material contained within any Content or Nintendo-Power.com;
- any interruptions to or delays in updating Nintendo-Power.com;
- any incorrect or inaccurate information on Nintendo-Power.com;
- the infringement by any person of any copyright or other intellectual property rights of any third party through any User Content or use of Nintendo-Power.com;
- the availability, quality, content or nature of External Sites;
- any transaction involving External Sites;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading Nintendo-Power.com, or any User Content;
- all representations, warranties, conditions and other Terms which but for this notice would have effect.
- Nintendo Power does not warrant that the operation of Nintendo-Power.com will be uninterrupted or error free.
- Nintendo Power will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its the reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
- Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law.
- These Terms above are subject to your statutory and common law consumer rights and shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Nintendo Power’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
- You agree that in relation to your use of Nintendo-Power.com you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute Nintendo-Power.com.
- You hereby indemnify, defend and hold Nintendo Power and Nintendo Power’s affiliates and Nintendo Power’s officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of Nintendo-Power.com, any User Content and any use of your membership account. You shall use your best efforts to cooperate with Nintendo Power in the defence of any claim. Nintendo Power reserves the right, at Nintendo Power’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
V – Brand Affiliations
- Nintendo Power is not affiliated to Nintendo or any subsidiary.
- Nintendo Power puts small files (known as ‘cookies’) onto your computer to collect information about how you browse the site. By using it, you agree to us collecting this information and confirm that any data you provide is accurate. This includes questions, queries or feedback you leave, including your email address if you send us an email; your IP address, and details of which version of the web browser you used; information on how you use the site, using cookies and page tagging techniques to help us improve the website.
- We can’t and won’t personally identify you using your data.
- This data will only be collected to improve your browsing experience and helps us to respond to any feedback you send us, if you’ve asked us to. We won’t share your information with any other organisations for marketing, market research or commercial purposes, and we don’t pass on your details to other websites. We may pass on your personal information if we have a legal obligation to do so.
- The data provided during your browsing on Nintendo Power is stored on 1&1 UK secure servers.
- If you believe Nintendo Power has information about you that you do not want Nintendo Power to have or that is incorrect, please contact Nintendo Power owners, who shall correct or remove the data as you request as soon as is reasonably practicable.
VII – Requests to remove content
- You can ask for content to be removed from Nintendo Power. We’ll only do this in certain cases, eg if it breaches copyright laws, contains sensitive personal data or material that may be considered obscene or defamatory. You can also request removal of information under the application of the Freedom of Information Act and the Data Protection Act.
- To ask for content to be removed, please contact us via our contact form or by sending a letter to: Nintendo Power, Flat 3/1 13 Dudley Drive, G12 9SF Glasgow, Scotland (UK). You’ll need to send us the web address (URL) of the content and explain why you think it should be removed. We’ll reply to let you know whether we’ll remove it.
VIII – Safety of Use
- While we make every effort to keep Nintendo Power up to date and secure, we don’t provide any guarantees, conditions or warranties that the information will be either current, secure, accurate, complete or free from bugs and viruses. We’re not liable for any loss (physical or intellectual…) or damage that may come from using Nintendo Power.
- Any data you will transmit from Nintendo Power is at your own risk. We have security features in place to keep your data secure once we receive it.
IX – Advertising
- Nintendo Power might have to ask third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address email address or telephone number) about your visits in order to provide advertisements about goods and services of interest to you. By using Nintendo Power, you agree to these conditions.
X – Termination
- Without limiting any other rights it may have Nintendo Power may remove, restrict, cancel or suspend access to and use of Nintendo-Power.com and Content or other any part of it, if it considers (in its sole discretion) that you have breached any of these Terms. Termination shall be without prejudice to the accrued rights of Nintendo Power.
XI – General
- Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).
- Nintendo Power acts as principal on its own account and not as agent for you or any other person.
- If Nintendo Power does not enforce any provision of this agreement such will not be considered a waiver of any provision or right.
- In the event that any part of these terms and conditions is held to be unenforceable, such part will at Nintendo Power’s option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
- These terms and conditions constitute the entire agreement between you and Nintendo Power and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.
- Reference to the word “include” and “including” shall mean and be read as “include without limitation” and “including without limitation” in these Terms.
- Use of Nintendo Power and these Terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
- Nintendo-Power.com is intended for and directed at the UK and no representation or warranty is made as to whether Nintendo-Power.com complies with the regulatory regime and local laws of any other countries.
- By using Nintendo-Power.com you undertake that you have the necessary hardware, software and capability required for its use including in relation to Content email and web usage.
XII – Changes to these terms and conditions
- Please be aware that these Terms and Conditions may change if you visit Nintendo Power during a long period of time. We therefore advise you to check these terms and conditions regularly. We can update them at any time without notice. You’ll agree to any changes if you continue to use Nintendo Power after the terms and conditions have been updated. These variations shall become effective immediately upon being accessible from http://nintendo-power.com/terms-and-conditions/