Nintendo Creators Program End User License Agreement

THIS IS AN IMPORTANT AGREEMENT THAT APPLIES TO YOUR PARTICIPATION IN THE NINTENDO CREATORS PROGRAM. PLEASE SCROLL DOWN.

1. Participation in the Nintendo Creators Program

To participate, you must register a Nintendo Creators Program account at https://r.ncp.nintendo.net. Participation in the Nintendo Creators Program is open to residents of and entities located in the eligible countries indicated during the registration process. During registration, you must provide accurate and complete information to Nintendo. In the event any of your information changes, you must provide updated information to Nintendo.

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

You are solely responsible for the activity that occurs on your Nintendo Creators Program account. Any activity on your account will be deemed to have been taken by you.

Your participation in the Nintendo Creators Program is subject to certain guidelines or instructions as described on the Nintendo Creators Program website. These guidelines or instructions are incorporated in this agreement by reference. You should read the guidelines to ensure that you comply with the program rules and applicable law.

2. License Grant by Nintendo; Restrictions.

Nintendo hereby grants you a limited, non-exclusive, non-transferable, license to use the characters, images and intellectual property as identified or described by Nintendo from time to time on the Nintendo Creators Program website (collectively, the “Content”) for your use in your country of residence in connection with the Nintendo Creators Program. The Content is licensed, not sold, to you solely for use in any videos you may create and post on the website located at www.youtube.com or any successor website (including any mobile version or applications thereof or related thereto) ( “YouTube”). As used herein, “Videos” includes videos that contain any Content, which are created by you and posted on YouTube. In order to use the Content licensed hereunder, you must also register the Videos on the Nintendo Creators Program.

The Content may include characters, images and intellectual property owned by Nintendo and/or licensed by Nintendo from certain third parties. You may not lease, rent, or permit any third party to use the Content, unless otherwise permitted by law. Your use of the Content is subject to the style guidelines and standards as may be established by Nintendo, which are located on the Nintendo Creators Program website. We reserve all rights that we have not expressly granted in this agreement.

3. License Grant by You.

You hereby grant Nintendo a perpetual, worldwide, non-exclusive, royalty-free, transferable, license to use, reproduce, distribute, display, stream, publicly perform, publish, adapt, make available for transmission and modify the Videos for purposes of promoting, advertising and marketing the Nintendo Creators Program and Nintendo hardware, software, products and services.

4. Ownership.

Except for the license rights granted herein, Nintendo and/or any third party Content owners, as may be applicable, shall retain all right, title and interest in and to the Content and any and all other inventions, copyrights, trademarks, patents, trade secrets, derivative works, and other proprietary rights related thereto. Subject to the foregoing sentence and except for the license rights granted herein, you will own all right, title and interest in and to any Videos.

5. Advertising Revenue Share.

Nintendo Co., Ltd. may receive certain advertising revenue from Google Inc., its affiliates or successors thereof in connection with your Videos. Nintendo Co., Ltd., as a representative payee of any such advertising revenue, agrees to pay you a percentage share of such advertising revenue that is actually received by Nintendo Co., Ltd. from Google Inc., its affiliates or successors thereof in connection with a Video that is registered on the Nintendo Creators Program. Your percentage share of any such advertising revenue will be listed on your account page of the Nintendo Creators Program website, and is subject to change from time to time.

Nintendo Co., Ltd. will calculate any such revenue share on a monthly basis. All amounts will be paid by Nintendo Co., Ltd. in U.S. Dollars (the arrival of the payment may be in a different currency depending on settings and functions provided under your PayPal account). Within 30 days following the end of each calendar month, Nintendo Co., Ltd. will pay any revenue share earned by you during the previous month to your PayPal account. For example, your share of advertising revenue received by Nintendo Co., Ltd. in May, relating to advertisements in April, will be paid to you by the end of June. You must have a valid PayPal account to receive any revenue paid by Nintendo Co., Ltd. hereunder. In the event Nintendo Co., Ltd. is not able to make such payment to you for any reason not attributable to Nintendo, including, but not limited to, the termination of your PayPal account, Nintendo Co., Ltd. shall have no obligation to make such payment after the date that is six (6) months following the failure of such payment.

Any amounts paid to you by Nintendo Co., Ltd. under this Section 5 will be less any (a) applicable taxes, charges, fees, and assessments, (b) any fees or charges assessed by Google Inc., its affiliates or successors thereof, and (c) any fees or charges assessed by PayPal, Inc., its affiliates or successors thereof. You are responsible for payment of any and all taxes, charges, fees and assessments in connection with your receipt of any revenue pursuant to this agreement.

6. Representations and Warranties by You.

By accepting the terms of this agreement, you hereby represent, warrant and acknowledge that:

a. You are the age of legal majority under applicable law (for example, you must be at least 20 years of age if you live in Japan; you must be at least 18 if you live in the United States);

b. You are creating any Videos in your country of residence as indicated in your information;

c. You will abide by and comply with any applicable third party terms and conditions, including, without limitation, any Google Inc. or its affiliates’ terms of use with respect to your use of YouTube and your Google account, and any PayPal, Inc. or its affiliates’ terms of use with respect to your PayPal account;

d. You are solely responsible for the security of your Google and PayPal accounts and the activities thereon;

e. Your acceptance of this agreement and performance of your obligations herein are not in conflict with any contract, agreement or other instrument by which you are bound.

f. You are not, and have not been, involved with or connected to any antisocial forces (including, without limitation, organized crime groups or illegal activities).

7. Code of Conduct.

You agree that your participation in and actions in connection with the Nintendo Creators Program, including use of the Content, will not violate any law, regulation, contract, intellectual property or other third-party right or constitute a criminal action or tort, and that you are solely responsible for your conduct in connection with the Nintendo Creators Program. You further agree not to:

a. Use the Nintendo Creators Program in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Nintendo Creators Program, or that could damage, disable, overburden or impair the functioning of the Nintendo Creators Program in any manner;

b. Engage in any discriminatory, defamatory, libelous, hateful, harassing, abusive, obscene, threatening, physically dangerous, unlawful, or otherwise objectionable conduct in relation to the Content or the Nintendo Creators Program;

c. Attempt to indicate in any manner that we have endorsed you or any products or services for any purpose;

d. Attempt to reverse engineer any aspect of the Content, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Content (except as otherwise expressly permitted by law);

e. Post, upload to, transmit, distribute, store, create or otherwise publish or send through the Nintendo Creators Program any viruses, corrupted data or other harmful, disruptive or destructive files; or

f. Post, upload to, transmit, distribute, store, create or otherwise publish or send through the Nintendo Creators Program: (i) any content that you do not have a legal right to make available, including any unauthorized software, copies of games, music or images; (ii) any content that infringes, dilutes, or otherwise harms the Content or the Nintendo brand and image; (iii) any content that infringes, dilutes, or harms any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party; and, (iv) any unsolicited or unauthorized advertising or promotional materials (e.g. "spam").

g. Disclose or leak confidential, proprietary, or other non-public information obtained in connection with the Nintendo Creators Program.

8. Privacy; Use of Information.

We may collect, use and disclose personal information that (a) you provide to us; (b) we collect automatically; and (c) we receive from other sources. Please refer to the Nintendo Creators Program Privacy Notice, located on the Nintendo Creators Program website, for information on how we may collect, use and disclose information from our users. We recommend that you review this Privacy Notice before accepting this agreement.

9. Indemnification.

You agree to indemnify, defend, and hold Nintendo and its officers, directors, employees and agents harmless from and against any and all damages, liabilities, penalties, fines, losses, costs and expenses (including attorneys’ fees) arising from or relating to any claim, proceeding or suit (a) brought by a third party alleging that your Videos infringe or misappropriate any patent, copyright, trade secret, trademark, or intellectual property right, and (b) arising from or relating to your acts, omissions, or breach of any term of this agreement.

10. Termination.

Nintendo may terminate this agreement, or any part of this agreement, at any time, (a) if you are in breach or default of any term of this agreement or program guidelines, or (b) in the event of any change, modification, suspension, termination or unavailability of the services provided by Google Inc., PayPal, Inc., or their affiliates, Nintendo is not required to provide you with any prior notice of such termination in the event of your material breach or serious violation of any term of this agreement or program guidelines, or upon the occurrence of any event described in subsection (b) above. In case of minor breaches by you, Nintendo may provide you with prior notice of your non-compliance and give you an opportunity to remedy such non-compliance.

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 notice of such termination, in advance if possible under the circumstances. Nintendo may also suspend, discontinue, or terminate the Nintendo Creators Program without prior notice in the event the Nintendo Creators Program becomes difficult to provide for any reason, including, without limitation, server maintenance or other technical reasons, natural disasters (such as earthquakes, eruptions, floods, typhoons, and/or heavy snow), war, disorder, riot, commotion, labor disputes, administrative measures, fire, or power failure.

In the event this agreement is terminated for any reason, you will no longer have the license to use the Content, and you will no longer be entitled to any advertising revenue generated in connection with your Videos. Upon such termination and upon Nintendo’s request, you must immediately take down any Video and text related thereto. Our failure to insist upon or enforce your strict compliance with this agreement will not constitute a waiver of any of our rights.

Notice in this section will be provided via your Google account email address or through the Nintendo Creators Program website.

If this agreement is terminated for any reason, Sections 3, 4, and 6 - 13 will remain in effect.

11. Disclaimer of Warranties; Limitation of Liability.

YOUR PARTICIPATION IN THE NINTENDO CREATORS PROGRAM, AND USE OF THE CONTENT, IS AT YOUR SOLE RISK. NINTENDO HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT AND/OR THE NINTENDO CREATORS PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT. THE CONTENT AND NINTENDO CREATORS PROGRAM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NINTENDO DOES NOT WARRANT THAT THE CONTENT OR NINTENDO CREATORS PROGRAM ARE ERROR FREE OR THAT YOUR USE OR ACCESS THERETO WILL BE SECURE OR UNINTERRUPTED.

IN ALL CIRCUMSTANCES, (WITH OR WITHOUT YOUR INTENTIONAL MISCONDUCT OR NEGLIGENCE), NINTENDO WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, EXPENSES FOR INVESTIGATING CAUSE, PREVENTING RECURRENCE, ATTORNEY FEES, AND RESPONDING TO CLAIMS), LOSSES, OR EXPECTED PROFITS ARISING FROM A SUSPENSION, TERMINATION OR SIMILAR INACCESSIBILITY TO THE NINTENDO CREATORS PROGRAM CAUSED BY (i) PAYPAL OR GOOGLE, (ii) ANY THEFT OF YOUR PAYPAL OR GOOGLE ACCOUNT PASSWORD(S), (iii) ANY LOSS OF YOUR PAYPAL OR GOOGLE ACCOUNT PASSWORD(S), AND/OR (iv) ANY UNAUTHORIZED USE THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT ARE NOT FORESEEABLE. LOSSES OR DAMAGES ARE FORESEEABLE IF THEY WERE AN OBVIOUS OR REASONABLE CONSEQUENCE OF OUR BREACH OR IF THEY WERE CONTEMPLATED BY YOU AND NINTENDO AT THE TIME WE ENTERED INTO THIS AGREEMENT. IN ADDITION, NINTENDO WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, OR DAMAGES ARISING IN CONNECTION WITH LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA OR LOSS OF BUSINESS OPPORTUNITIES.

IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.

Notwithstanding anything to the contrary in this Section 11, Nintendo does not in any way exclude or limit its liability for (a) damages incurred by you as a direct result of Nintendo’s gross negligence or willful misconduct, (b) death or personal injury caused by Nintendo’s negligence, (c) fraud or fraudulent misrepresentations by Nintendo, or (d) applicable product liability laws.

12. Amendments.

Nintendo may change the terms and conditions of this agreement at any time so far as such changes are necessary or helpful to enhance the Nintendo Creators Program or to adapt it to reflect changes in technical or legal requirements. If we make any other changes, we will notify you in advance via your Google account email address or the Nintendo Creators Program website. If you do not object to these changes within the timeframe communicated to you, the changes will be deemed to be accepted (the notification will inform you accordingly). Should you object to the changes, Nintendo reserves the right to terminate this agreement or any portion of it upon a reasonable notice.

13. Dispute Resolution; Governing Law; Venue; Enforcement.

Our consumer services department is available to address any concerns you may have regarding the Nintendo Creators Program. Contact information for the consumer services department located in your region can be found on the Nintendo Creators Program website. Most matters may be quickly resolved in this manner. As to any matter that we are unable to resolve, and for all disputes or claims arising out of or relating to this agreement, including its formation, enforceability, performance, or breach, you (a) agree that this agreement shall be governed by and construed in accordance with the laws of Japan, and (b) consent to the exclusive jurisdiction of the Kyoto District Court.

If any part of this agreement is held to be invalid or unenforceable, that part will no longer apply to the parties and will be replaced by an enforceable provision that most closely reflects the original intent of the parties, but all other parts of the agreement will remain in effect unless otherwise provided in this agreement.

Nintendo Creators Program Privacy Policy

1. General

This Privacy Policy describes how Nintendo Co., Ltd. (“Company”) collects, uses, stores and protects your Personal Information in connection with the Nintendo Creators Program and its website (collectively “Program”).

2. Personal Information

For the purpose of this Privacy Policy, “Personal Information” means information about a living individual as defined in the Act on the Protection of Personal Information which can identify the specific individual by name, address, telephone number, email address or other description contained in such information (including such information as will allow easy reference to other information and will thereby enable the identification of the specific individual).

3. Collection of Personal Information

The Company collects the Personal Information in a due and fair manner as follows. Although some of the information listed below does not fall under the definition of Personal Information, depending on the relevant content, the Company shall nonetheless handle all your information with due care.

  1. Registration information that you may be required to provide in order to participate in the Program including your, email address, Google account ID, PayPal account ID, and country of residence;
  2. Information necessary to permit to linking to services provided by other companies (including IDs of other companies’ services) and information for which consent has been given by you for provision to the linked companies.
  3. Information collected by the Company in the course of your participation in the Program including inquiry number, the number of views of videos or advertisements, and history of advertising revenue,;
  4. Information about your use of the Program, including your browser type, operating system, platform, IP address, MAC address, language and region;

4. Purposes of use of Personal Information

1. The Company may use your Personal Information in order to:

  • process your registration and enable your participation in the Program;
  • fulfill your requests for information about the Program;
  • contact you in connection with the Program, including for marketing and promotional purposes;
  • make recommendations and customize the content and features of the Program;
  • analyze and facilitate your use of the Program;
  • understand, improve, and develop our products, services and websites
  • confirm contents of opinions, inquiries and posted comments in relation to the Program and respond thereto;
  • to investigate acts prohibited by the Terms of Use and other applicable agreements, , including applications for the purpose of commercial use or conversion, multiple applications, assignment of rights or registration of false information, and confirm the details of the registration based on the results of the investigation;
  • to conduct campaigns, surveys or interviews; and
  • prevent potentially illegal or offensive activities.

5. Provision of Personal Information

As a general rule, the Company will not provide the Personal Information to any third party without consent from you. The Company will provide the Personal Information only when the receiving party and the content of the Personal Information to be provided are specified and the consent is obtained from you. However, the Company may provide the Personal Information without consent from you to the extent such provision complies with applicable laws and regulations, if:

  • the provision of the Personal Information is particularly necessary for improvements in public health or promotion of the sound development of children, and it is difficult to obtain consent from you;
  • the Company is required to cooperate with a national or local government organ or a person entrusted by a national or local government organ in performing affairs stipulated by laws or regulations, and obtaining consent from you could interfere with the performance of said affairs;
  • a court, public prosecutor’s office, police or organization with similar authority requests disclosure of the Personal Information;
  • the provision of the Personal Information is permitted by laws and regulations;
  • the provision of the Personal Information is required to protect the rights, property or personal safety of the Company, our users, or the public;
  • the Personal Information is provided in relation to the succession of the business due to a merger or for other reasons and such Personal Information is handled within the scope of the same purposes of use as those provided for before the succession; or
  • all or part of the Personal Information is provided to a group company of the Company or a third party contractor for development or operation of the Program.

6. Security

The Company uses reasonable measures to help protect Personal Information from loss, theft, misuse, and unauthorized access, disclosure, alteration and destruction.

7. Entrustment

If the Company entrusts handling of the Personal Information, in whole or in part, to a third party, the Company will supervise such third party as necessary and appropriately in order to ensure that such third party safely manages the Personal Information.

8. Sharing of Information

The Company may share and jointly use your Personal Information specified in Section 3 with other Company fully owned affiliate companies including the following for the purpose specified in Section 4. The Company shall be the solely responsible party for the protection of the Personal Information and its consistent usage with the Privacy Policy.

  1. Nintendo Network Services Inc.
  2. Nintendo of America Inc.

9. Cookies

  • The Company may use a system of cookies to collect your browser history etc., while you are browsing on the webpages of the Program for the purpose of improving our services, etc. We will not access or collect your personal information via cookies.
  • The Company may use the Google analytics function provided by Google to monitor your visits to the webpages of the Program.
  • You are free to disable cookies at your own volition and responsibility, and thereafter your cookie information will no longer be available to be provided in connection with the Google analytics function. However, the disabling of cookies may render you unable to access part or all of certain services on the webpages of the Program.
    Please refer to the following links in relation to the use of the cookie function in the services provided by Google, as well as for a suggested method to stop cookie functionality via an add-on to be installed at your own responsibility:
    1. Google Privacy Policy
    2. Google Analytics Cookie Usage on Websites
    3. Google Analytics Opt-Out Add-on

10. Web Beacon

The Company may collect your browser history etc., through use of a web beacon system. The Company will not access or collect any Personal Information without your consent through the use of any such web beacon system.

11. Inquiries

  • Upon request by you or your representative for disclosure of your Personal Information, the Company will disclose the Personal Information to you without delay. However, the Company may decide not to disclose all or part of the Personal Information by giving notice of its decision of non-disclosure without delay if the disclosure of the Personal Information co

    (1) harm the life, body, property and other rights and interests of you or any third party;
    (2) interfere with the proper operation of the Company’s business; or;
    (3) violate any law or regulation.;

    For the Correction (as defined below) of Personal Information, please make an inquiry to the contact person as may be specified within the Program.

    The Company will not, in general, disclose any information, such as the access log, other than the Personal Information.

  • Upon request by you or your representative to make a Correction (meaning the correction, addition or deletion, or suspension of use or suspension of provision to third parties) to your Personal Information, the Company will conduct an investigation without delay. If the results of the investigation show that the Personal Information is not true, has been retained beyond the term of retention thereof, or is being handled in an inappropriate manner, the Company will make the Correction without delay.

    For the Correction of Personal Information, please make an inquiry to the contact person as may be specified within the Program as stated above.

  • The Company will appropriately and promptly handle any complaint concerning use, provision, disclosure or the Correction of Personal Information, or other complaints concerning handling of the Personal Information.

    For complaints, please make an inquiry to the contact person as may be specified within the Program as stated above.

12. Revision

The Company may revise the Privacy Policy to protect personal information and comply with any changes in laws, ordinances and other rules and the Company will provide notice to you on the webpages of the Program after any such revisions to the Privacy Policy.

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