Last Updated: January, 2016
PLEASE READ THESE TERMS OF — USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, INCLUDING ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT — USE THE SERVICES.
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. You represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you have reviewed these Terms with your parent or legal guardian and that he or she has agreed to be bound by these Terms.
- Retro Studios Materials. The Services contain content that belongs to Retro Studios or its licensors, including, without limitation, logos, designs, text, graphics, pictures, information, data, software, sound and other files, and the selection and arrangement thereof (collectively, the “Materials”). The Materials are proprietary property of Retro Studios (or its licensors, as applicable) and are protected by U.S. and international copyright laws.
- Third Party Content. The Services may include third-party content and links to websites or content owned or operated by third parties (collectively, “Third-Party Content”). Retro Studios does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content. You acknowledge and agree that Retro Studios is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content at their own risk.
- Limited License.
Retro Studios grants you a limited, non-sublicensable license to access and use the Services for your personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Materials therein; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Services or the Materials, or any portion thereof; (d) downloading (other than the page caching) of any portion of the Services, the Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the Materials other than for their intended purposes. Any use of the Services or the Materials other than as specifically authorized herein, without the prior written permission of Retro Studios, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Retro Studios may revoke this license at any time.
- Acceptable Use of the Services.
You agree that your use of the Services will not violate any law, contract, intellectual property or other third-party right or constitute a criminal action or tort, and that you are solely responsible for your conduct while on the Services. You further agree not to:
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Attempt to reverse engineer any aspect of the Services 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 Services (except as otherwise expressly permitted by law);
- Post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services viruses, corrupted data or other harmful, disruptive or destructive files;
- Develop any third-party applications that interact with the Services without our prior written consent; or
- Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by us to access the Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via Services.
We do not accept unsolicited game or product ideas. If you submit product suggestions, questions, creative materials, ideas or other information about our Services or Retro Studios (“Submissions”), such Submissions, whether submitted via the Services or otherwise, will be non-confidential and shall automatically become the sole property of Retro Studios. Retro Studios shall own, and you hereby assign to Retro Studios, all right, title and interest, including all intellectual property rights, in and to such Submissions and Retro Studios shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Retro Studios (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, Retro Studios of such Submissions.
- Copyright Usage/Infringement Notices.
Retro Studios respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, Nintendo of America Inc. c/o Legal Department, Intellectual Property Policy 4600 150th Avenue NE Redmond, WA 98052.
- Modifying/Terminating Services.
Retro Studios reserves the right to modify, update or discontinue our Services, or any features or portions thereof, without prior notice. You agree that we can suspend or terminate your right to access our Services at any time for any reason without notice, obligation or liability to you.
- Disclaimer of Warranties and Limitation of Liability.
— USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RETRO STUDIOS OR ITS REPRESENTATIVES CREATES A WARRANTY. THE SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. RETRO STUDIOS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RETRO STUDIOS, NINTENDO OF AMERICA INC., AND THEIR RESPECTIVE PARENT AND AFFILIATED COMPANIES, LICENSEES, LICENSORS AND CONTRACTORS (“RETRO STUDIOS PARTIES”) WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, — USE, MIS– USE, OR INABILITY TO — USE THE SERVICES, EVEN IF RETRO STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE RETRO STUDIOS PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE SERVICES THAT ARE THE SUBJECT OF SUCH CLAIM. 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.
If the Retro Studios Parties are subject to any actual or threatened claims, costs, damages, losses, or other liabilities (collectively, “Covered Losses”) as a result of your use of any of the Services, then you agree to indemnify the Retro Studios Parties from all such Covered Losses and any related costs, such as reasonable attorney’s fees.
You further agree to indemnify the Retro Studios Parties for any Covered Losses arising out of or related to: (a) your violation of these Terms; and (b) your violation of any rights of another. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
- Dispute Resolution; Binding Individual Arbitration; Class Action Waiver.
Any matter we are unable to resolve and all disputes or claims arising out of or relating to these Terms or your use of the Services (each, a “Claim”), with the exception of the matters described in section 10(d) below, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Claims. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they may have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. 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. If any court or arbitrator determines that the class action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 10 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.
The rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the initial filing fee for the arbitration exceeds the initial filing fee for a lawsuit, we will pay the difference in fees. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim is less than $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
Section 10(a) does not apply to any Claim (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights), or (ii) that may be brought in small claims court.
You and Retro Studios agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Any dispute between the parties will be governed by this Agreement and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
If any part of these Terms is determined to be unlawful, void or for any reason unenforceable, then that part will be severed from these Terms, and the rest of the Terms will remain intact. If we do not enforce any provision of these Terms, that will not be considered a waiver of our rights. Any waiver of these Terms must be obtained in a written document signed by an authorized representative of Retro Studios.
- Changes to these Terms