In order to use the Mario Kart Tour application (hereinafter "Application"), you must agree to this Mario Kart Tour User Agreement (hereinafter "Agreement"). This Agreement is between you (hereinafter "you" or "Customer") and Nintendo Co., Ltd. (hereinafter "Nintendo"). This Agreement consists of the Main Rules, Additional Rules, the Mario Kart Tour Privacy Policy, and all conditions displayed within the Application.
If you are under the age of majority where you live, you must have a legal representative, such as a parent or guardian, to accept this Agreement on your behalf. If you are accepting this Agreement on behalf of a minor, only after you have read, understood and accepted this Agreement may the minor use the Application. The same shall apply when this Agreement changes. You agree to guarantee the minor’s due observance of this Agreement and this Agreement is enforceable against you as a guarantor in the event of the minor’s breach.
You may rescind this Agreement without stating the reasons nor bearing any expenses or costs by sending a notification as prescribed in Main Rules Article 17.2 to Nintendo within 7 days after the date of the registration.
Please read all the provisions of this Agreement before agreeing to the terms of this Agreement.
For the purposes of this Agreement, the following terms shall have the following definitions:
2.1 You must register true and accurate information about yourself in order to use the Application. If there is a mistake in your registered information, or if a change occurs to your registered information, you must promptly correct or change such information.
2.2 Nintendo provides the Application to you on the basis of the information you register. Nintendo assumes no liability for any loss or damage incurred by you arising from inaccurate, false, or incomplete information provided by you.
2.3 You must promptly notify Nintendo if you become aware that someone uses your Application without your permission. Upon Nintendo’s confirmation, Nintendo may suspend the use of such Application or restrict the use of such Application by the third party. Nintendo assumes no liability for any loss or damage incurred by you arising from the use of your Application by a third party.
3.1 You must use the Application in accordance with all terms of this Agreement and other conditions prescribed by Nintendo.
3.2 You are solely responsible for any costs or taxes associated with your access or use of the Application, including but not limited to, Internet, data communication, or equipment charges or costs.
3.3 Some or all of the Application's services may not be available to all Customers, depending upon age, location, device, communication environment, or other factors. Nintendo shall not be liable if for any reason any or all of the Application’s services is/are not available to you.
3.4 Customers under the age of majority must get permission from their legal representative, such as a parent or guardian, before using the Application and its services, including without limitation, the purchase of Paid Content and In-Game Currency. Such legal representative shall act as a guarantor and shall be liable in the event of the minor’s breach of this Agreement, including without limitation, the failure to pay for any In-Game Currency purchased.
3.5 If you change your country registration within the Application, you must agree to the user agreement applicable to your newly-registered country. Certain Content may vary by country, and a change to the registered country may impact the availability of any or all services within the Application or eliminate rights that you possessed under your prior country registration. Nintendo assumes no liability for any loss or damage incurred by you arising in connection with any change to your country registration.
3.6 Nintendo will keep and maintain the records of your use of the Application (“Records”) for at least 30 days. You may request to confirm the Records and /or apply for a copy of the Records by sending a notification as prescribed in Main Rules Article 17.2. Nintendo may charge fees for responding to your request.
4.1 Nintendo licenses you the right to use the Application, on condition that you comply with all terms of this Agreement and other conditions prescribed by Nintendo.
4.2 The license of the preceding paragraph is personal, non-exclusive, non-transferable and Nintendo may restrict the term or frequency of use, or apply additional conditions. In addition to what is set forth under this Agreement, Nintendo may at any time cancel this license and terminate this Agreement in accordance with Main Rules Article 15.2.
4.3 Unless the context requires to be interpreted differently, expressions such as the "purchase" "sale" "exchange" "redemption" "subscription" of Provided Content and other similar expressions within this Agreement and within the Application shall mean the licensing to you of the right to use the Provided Content.
5.1 By purchasing Paid Content and In-Game Currency using your correct residential currency, you may exchange such In-Game Currency for Redeemed Content within the Application. Nintendo may at times give you Paid Content and In-Game Currency for free during campaigns and other occasions. In-Game Currency cannot be sold or transferred and cannot be exchanged for or converted to cash or legal tender or for any goods or services except to obtain Content identified by Nintendo.
5.2 Nintendo shall determine and provide, in the Application or on the official website for the Application, the name, price, validity period, values to obtain Redeemed Content, and other conditions applicable to In-Game Currency. Nintendo may make changes to such terms from time to time in its discretion.
Nintendo will post the newest terms within the Application and will send you a notification of such changes while the changes affect your rights and interests. If you raise objection to such changes within 15 days following your receipt of the notification from Nintendo, your objection will be deemed as a notice to Nintendo of the cancellation of your purchase of the relevant Content, and Nintendo will, after deducting the necessary costs and expenses incurred by Nintendo, refund the balance of the purchase price, if any, to you upon your return of the purchased Content.
5.3 The price and other terms and conditions of Paid Content are separately established by Nintendo and displayed in the Application or on the official website of the Application. Nintendo may amend these terms and conditions at its discretion.
5.4 Except as otherwise permitted by Nintendo, Paid Content, In-Game Currency and Redeemed Content are licensed only to the Customer who purchased them. If you use the Application on multiple devices that work on different operating systems (hereinafter "OS"), it may not be possible for the Paid Content and In-Game Currency purchased through the Application on one OS to be used in the Application on a different OS. Nintendo shall not be liable for any loss or damages suffered by you as a result of such incompatibility.
5.5 Except as otherwise permitted by Nintendo or required by law, the In-Game Currency purchased is not returnable or refundable and cannot be transferred. If you are less than the age of majority where you live, you hereby confirm that you have had your legal representative agree to your purchase of the In-Game Currency on your behalf under applicable laws. If your legal representative claims for refund under applicable laws due to your violation of this Article 5.4, the legal representative shall prepare necessary documents and submit an application to Nintendo as prescribed in the Inquiries Page of the official website. Upon confirmation, Nintendo will refund the fee of unused In-Game Currency. In the event In-Game Currency is refunded as a requirement by law, such procedure and conditions will be provided by Nintendo separately. In addition, after the completion of a purchase transaction for Paid Content, any cancellation or refund requests due to customer circumstances are not accepted.
5.6 Paid Content and Redeemed Content obtained by using In-Game Currency does not have any monetary value. In addition, Paid Content and Redeemed Content is Content to perform the service of the Application and, except as otherwise permitted by Nintendo or required by law, cannot be refunded to cash.
5.7 When Nintendo conducts any campaign wherein you may use In-Game Currency for obtaining the chance to win prizes, the details regarding the campaign and prize will be indicated on the redeem page.
5.8 Your purchase of Paid Content and In-Game Currency is subject to your compliance with terms and conditions of all applicable third party payment service companies including but not limited to Apple, Inc. and Google, Inc.
6.1 The Application may permit you to send, receive, or otherwise share User-Generated Content with others.
6.2 Except for any Nintendo's Intellectual property rights (as defined in Main Rules Article 8) therein, you own your UGC. By entering into this Agreement, you grant Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sub-licenseable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display and otherwise exploit User-Generated Content, in whole or in part, and to incorporate your User-Generated Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, without any payment to you and without limitation of copies. You acknowledge that your User-Generated Content may be viewed, reproduced, published and/or modified by Nintendo or third parties. You acknowledge that Nintendo may, to the greatest extent permitted by law, delete any User-Generated Content from the Application and/or Nintendo servers at any time, for any reason, in its discretion without notice or liability to you. Nintendo reserves the right to not post or publish User-Generated Content and is not obligated to store any User-Generated Content.
6.3 You warrant to Nintendo that you have all rights in and to the User-Generated Content needed to share such UGC, and that such UGC does not violate any term of this Agreement or other conditions prescribed by Nintendo, or any third party rights or interests. You warrant that all UGC made available by you will not be defamatory, indecent or inappropriate and/or will not fall under any category in Main Rules Article 9(18), and that such UGC do not contravene any applicable laws. You agree to indemnify in full and hold harmless Nintendo from and against any liability suffered as well as claims arising in connection with any User-Generated Content made available by you.
6.4 For User-Generated Content that you share, you waive and agree not to use any moral rights that you may have in such UGC.
6.5 If you believe that another Customer's UGC infringes your rights and/or are defamatory, obscene, indecent, inappropriate or contrary to any applicable law, you can notify Nintendo by the method set forth in Main Rules Article 17.2. Nintendo may require you to provide further information in relation to your complaint and may, in its discretion, remove such UGC, or take other measures as it deems necessary. However, except as required by law, Nintendo bears no obligation to respond or take any action and Nintendo shall not be held liable for any action or inaction in relation to such UGC. You agree to indemnify in full and hold harmless Nintendo from and against any liability suffered as well as claims arising in connection with the removal of UGC or any other measures taken in response to your notification.
6.6 You acknowledge and agree that other Customers may notify Nintendo (as set forth in Main Rules Article 6.5) regarding problems with your UGC. Nintendo has the right, but is not obligated to, inspect, confirm, edit, delete, or monitor (including providing information to the police, courts, and other governmental entities) the Application and UGC. Nintendo is not obligated to verify that the UGC conforms to any term of this Agreement or other conditions prescribed by Nintendo (including legality, morality, and whether or not there is a license for relevant intellectual property rights and other similar rights), or to verify any other aspect of such content.
6.7 Nintendo respects the secrecy of communication and will not view, delete, or disclose to third parties your private communication, except where required by law or Nintendo obtains adequate consent.
7.1 When using a Linked Service, you must comply with all terms of this Agreement and other conditions prescribed by Nintendo as well as the terms and conditions applicable to the Linked Service.
7.2 Because you must link your Application to your Nintendo Account, if you either are subject to Measures such as Suspension of the Nintendo Account or have changed your country setting on the Nintendo Account, all or part of the Application use may be restricted. Once the Nintendo Account is linked to the Application, except as otherwise permitted by Nintendo, the link cannot be undone. If your linked Nintendo Account is terminated or deleted for any reason, you will not be able to use the Application. Nintendo assumes no liability for any loss or damage incurred by you arising from the linking of your Application to the Nintendo Account.
7.3 For any services that can be used via Linked Services provided by a third party, such third party is solely responsible for such services. Nintendo makes no representation or warranty regarding such services provided by a third party, and assumes no liability for any loss or damage incurred by you in connection with your access or use of, as well as linking to, a third party's Linked Services. You must comply with the terms and conditions applicable to such Linked Services.
8.1 Subject to the limited license granted to you in Main Rules Article 4 and unless otherwise provided under this Agreement, Nintendo and its partners own all right, title, and interest in and to all intellectual property utilized in and in connection with the Application and all Provided Content, including without limitation, all copyright, moral rights, patents and trademarks, service marks and other rights (hereinafter referred to as the "Intellectual property rights").
8.2 Nintendo licenses you the use of the Provided Content solely to the extent necessary to use the Application according to the provisions of Main Rules Article 4. Nintendo reserves all other rights in and to the Intellectual property rights.
In using the Application, you must refrain from (and not permit or otherwise facilitate a third party from engaging in) the following actions or actions that may result to the following actions in connection with your use or access of the Application:
(1) Slander, fraud, intimidation, or obstruction of business against Nintendo Group, Customers, or any third parties;
(2) Nuisance, harassment, and other actions that inflict emotional distress or economic loss to Nintendo Group, Customers, or any third parties;
(3) Actions that violate or damage the Intellectual property rights, portrait rights, publicity rights, privacy rights, reputation, credit, or other rights or interests of Nintendo Group, Customers, or any third parties;
(4) Allowing any third party to use the Application, either in exchange for payment or free of charge;
(5) Utilizing the Application for commercial purposes (including, but not limited to real money trading);
(6) Actions whose purpose is to reverse engineer or otherwise analyze the source code of the Application;
(7) Actions that induce or make use of Application bugs or malfunction;
(8) Accessing Nintendo's (including its partners') information systems related to the Application, rewriting or deleting Application data, or engaging in actions that overburden Nintendo's (including its partners') information systems, or other actions that negatively impact the smooth provision of the Application and its services;
(9) Actions that fraudulently control the Application, purchase In-Game Currency or obtain Redeemed Content by using a false name, cheats, automation software (bots), any other technical measure or any other dishonest methods;
(10) Using the Application on modified device or OS that Nintendo considers inappropriate;
(11) Deliberately publicizing or posting false data in relation to the use of the Application;
(12) Falsely representing yourself as Nintendo Group, another Customer, or any other third party;
(13) Engaging in any advertising, publicity, or promotions within the Application (except for those specially permitted by Nintendo);
(14) Engaging in criminal acts or criminal threats, or facilitating the commission of a crime by someone else;
(15) Actions that violate public order and standards of decency;
(16) Actions that violate laws and regulations, judgments, decisions and orders of the court, or legally binding administrative measures, or acts that promote or facilitate these actions;
(17) Actions that violate any term of this Agreement or other conditions prescribed by Nintendo or requests, orders or mandatory measures separately made by Nintendo;
(18) Sharing, sending, making available or receiving User-Generated Content that
(a) contains violent or discriminatory messages;
(b) contains political or religious opinions;
(c) contains obscene or sexual expressions;
(d) is intended for the purpose of meeting other Customers in real life;
(e) contains name, address, telephone number, email address, and other contact information;
(f) inflicts physical or emotional harm on others such as excessive flash display or continuous sending of identical or similar content;
(g) leads others to websites and other media that contains any of the above;
(19) Engaging in any other actions that Nintendo considers inappropriate.
10.1 To the greatest extent permitted by law, Nintendo may, in its discretion, take Measures such as Suspension against you if Nintendo determines that any of the following events have occurred or may occur:
(1) you breach any term of this Agreement or other conditions prescribed by Nintendo relating to the Application;
(2) you delay in performing or fail to perform any of your obligations owed to Nintendo;
(3) you are a minor, an adult ward, a person under curatorship, or a person under advisorship that is not permitted to use the Application or accept this Agreement, or you are a minor that wrongfully accepted this Agreement on your own or wrongfully obtained the acceptance of your legal representative, guardian, curator or advisor;
(4) you failed to respond for a period of thirty (30) days or more to an inquiry from Nintendo regarding your use or access of the Application or other communication requiring a response;
(5) you have not used the Application for a period of six (6) months or more;
(6) you are an anti-social force, or that you have some kind of interaction or involvement with anti-social forces, such as cooperation or involvement in maintaining, operating or managing anti-social forces through the provision of funds and other means;
(7) it is necessary for the operation, maintenance, or protection of the Application;
(8) you commit other acts that Nintendo deems inappropriate.
10.2 If Nintendo determines that your actions fall under or are likely to fall under any of the subparagraphs of the preceding paragraph, Nintendo may require you to stop such actions, or correct any defect or harm caused by such actions. You must comply with these requirements within the time period set by Nintendo.
10.3 Nintendo assumes no liability for any loss or damage incurred by you arising from Measures such as Suspension.
10.4 Even if Nintendo takes Measures such as Suspension, you shall not be exempted from any of your obligations to Nintendo and any applicable third parties under this Agreement (including liability for damages).
10.5 Nintendo can utilize the information in accordance with the Privacy Policy that you provided to Nintendo, even if you are subject to Measures such as Suspension.
If a loss or damage arises in Nintendo in relation to the use of the Application for reasons attributable to you, such as violation of this Agreement, you have the obligation to promptly indemnify Nintendo for such loss or damage.
12.1 You acknowledge the following:
(1) The Application (including the Provided Content and other related materials) is provided "as is" with no guarantees. To the greatest extent permitted by law, Nintendo makes no guarantee, warranty or representation whatsoever, whether express or implied, that the Application is free from errors, bugs, flaws, or security defects, that it does not infringe any third party's Intellectual property rights, that it has the characteristics and commercial value that you expected, or that it conforms to any applicable laws, regulations, or other rules.
(2) Nintendo does not guarantee that the Application will be compatible with all devices. There is the possibility of malfunctions occurring in the Application due to events such as upgrading the device OS. When such malfunctions occur, Nintendo does not guarantee that such malfunctions will be resolved from any action by Nintendo.
(3) Use of the Application may be restricted by changes to the terms and conditions and operating policies of the store where the Application, Paid Content and In-Game Currency are obtained, or by changes to the terms of service of the applicable payment service company.
(4) To the greatest extent permitted by law, Nintendo assumes no liability for any loss or damage incurred by you in connection with your use of the Application. For the avoidance of doubt, nothing in this Agreement shall be construed as excluding or limiting Nintendo’s liability for death or personal injury caused by its negligence.
(5) To the greatest extent permitted by law, Nintendo assumes no liability for any loss, damage or alteration of or to the data of the Application.
(6) If a dispute arises between you and another Customer, or you and a third party, with respect to the Application, including without limitation, the disputes arising from sharing the same Application or having other user or any third party purchase In-Game Currency or Redeemed Content, you must notify Nintendo and resolve such dispute on your own and at your own expense. Nintendo has no obligation to take part in any such dispute and assumes no liability with regard thereto.
(7) To the greatest extent permitted by law, Nintendo assumes no liability for any interruption, delay, cancellation or data deletion of the Application, or for any loss or damage due to unauthorized access to data related to the Application.
12.2 Despite the provisions of the preceding paragraph and other provisions of this Agreement, if, with respect to any damage suffered by you in relation to the Paid Content as well as In-Game Currency or Redeemed Content provided to you in exchange for a fee, there are causes attributable to Nintendo, Nintendo shall assume liability for such damages. However, except where willful misconduct or gross negligence is found in Nintendo, even where the possibility of loss or damage was acknowledged, Nintendo is not liable to you for any damages beyond what is normally expected to occur including, without limitation, any indirect, special, incidental, consequential or exemplary loss or damages.
12.3 SUBJECT TO MAIN RULES ARTICLE 12.4, NINTENDO'S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE APPLICATION AND THE LINKED SERVICES IS LIMITED TO THE LESSER OF (A) A TOTAL OF TEN-THOUSAND (10,000) YEN, OR (B) THE AMOUNT OF COSTS/FEES PAID BY YOU IN CONNECTION WITH SUCH CLAIM DURING THE MONTH THAT THE DAMAGE AROSE (IF ANY).
12.4 IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, NINTENDO LIMITS ITS LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.
13.1 Nintendo may change or make additions to all or part of the Application without prior notice to Customers.
13.2 Nintendo may temporarily suspend all or part of the Application, if any of the following causes occur:
(1) The Application server is overloaded or some other technical error occurs resulting from causes such as excessive Customer access to the Application;
(2) Nintendo elects to conduct regular or emergency maintenance related to the operation of the Application and will provide a prior notification within the Application for regular maintenance;
(3) Fire, power outage, war, strike, act of government, natural disaster, act of God, or any other cause making it impracticable for Nintendo to operate the Application;
(4) If operation of the Application becomes impossible due to applicable laws and regulations;
(5) Nintendo deems it necessary for any other reason.
13.3 Nintendo assumes no liability for any loss or damage incurred by you arising from any action taken by Nintendo according to this Main Rules Article 13.
Nintendo can make changes to this Agreement at any time. After changes are made, Nintendo will post the newest version of this Agreement within the Application. The changes to this Agreement shall be effective as of the time of such posting. If you raise objection to such changes within 15 days following your receipt of the notification from Nintendo, your objection will be deemed as a notice to Nintendo of the termination of this Agreement. Your continued use of the Application following such changes shall constitute acceptance of the same. When using the Application, please check the newest version of this Agreement at all times.
15.1 This Agreement shall be terminated in the event you clear your saved data, delete or uninstall (including by accident) the Application, or you take any other action, prescribed by Nintendo, to terminate this Agreement.
15.2 To the greatest extent permitted by law, Nintendo may, in its discretion, discontinue the provision of the Application and terminate this Agreement with any and all Customers, upon notification to Customers through the Application, on the official website for the Application, or by other means that Nintendo deems appropriate.
16.1 When this Agreement terminates, you will no longer be able to use the Content, or other information related to the Application, except where Nintendo prescribes otherwise. Nintendo will retain your Application and the electronic records accompanying the Application for 30 days upon termination of this Agreement.
16.2 To the greatest extent permitted by law, if this Agreement is terminated, except as otherwise permitted by Nintendo, all In-Game Currency and Paid Content in your possession shall become void, and you will no longer be able to use such In-Game Currency and Paid Content. Except as otherwise required by law, the In-Game Currency or Paid Content purchased is not refundable.
16.3 If this Agreement is terminated, Nintendo may, in its discretion, delete all Content within the Application related to you that exists at the time of the termination, without notice to you.
16.4 Nintendo assumes no liability for any loss or damage incurred by you arising from any change to this Agreement or termination of this Agreement. You acknowledge and agree that, to the greatest extent permitted by law, you waive all claims for loss or damage incurred by you or a third party resulting from the termination of this Agreement.
16.5 Even if this Agreement is terminated, you are not exempted from any of your obligations under this Agreement toward Nintendo or any applicable third parties (including, without limitation, liability for damages).
16.6 Notwithstanding the termination of this Agreement, Nintendo may continue to utilize your User-Generated Content and the information that you provided to Nintendo. Nintendo shall utilize such UGC according to Main Rules Article 6, and Customer information shall be handled according to the Mario Kart Tour Privacy Policy. Also, even after the termination of this Agreement, the provisions of Main Rules Article 1, Articles 6 to 9, Article 11, Article 12, Articles 16 to 20, Additional Rule Article 1, and the Mario Kart Tour Privacy Policyshall remain in effect.
17.1 If Nintendo has notifications, approvals, or other communication to the Customer concerning the Application, it will be posted within the Application, on the official website for the Application, or by some other method that Nintendo deems appropriate. Messages from Nintendo shall be deemed to have reached you upon posting or upon the transmission of such message. Nintendo assumes no liability for any loss or damage due to the non-delivery or delayed delivery of such message, regardless of the reasons thereof.
17.2 If you wish to send notifications, approvals, or other communication concerning the Application to Nintendo, you must fill out and send the inquiry form within the Application, or such other method designated by Nintendo. Your message shall be deemed sent upon arrival at Nintendo. Nintendo assumes no liability for any loss or damage incurred by you arising from the non-delivery or delayed delivery of such message, regardless of the reasons thereof.
Except where specified in this Agreement, you shall not assign, lend or otherwise dispose of your rights and obligations under this Agreement.
Even if for some reason a provision of this Agreement becomes void or unenforceable, this shall not render any other part of this Agreement void or unenforceable. If a court deems a provision of this Agreement to be void or unenforceable, such provision shall be narrowly interpreted to the extent necessary for it to become valid and enforceable.
20.1 This Agreement shall be governed by the laws of Japan and shall be interpreted according to Japanese law. In case of any inconsistencies between the English and Chinese version of this Agreement, the Chinese version shall prevail.
20.2 The Kyoto District Court shall be the exclusive court of first instance for disputes between Nintendo and you arising from or related to this Agreement.
1.1 Your use of the Mii Maker software and Mii characters in connection with the Application is contingent upon your adherence to these rules.
1.2 All Intellectual property rights in and to Mii characters shall belong to Nintendo.
1.3 Use of Mii characters can only be used on devices or services provided by Nintendo or by a third party designated by Nintendo. Use of Mii characters in connection with the Application is limited to purposes approved by Nintendo through its manual or website.
1.4 In using Mii characters, you must refrain from (and not permit or otherwise facilitate a third party from engaging in) the following actions or actions that may result to the following actions in connection with your use or access of the Application:
(1) Use of Mii characters for commercial purposes;
(2) Providing a Mii character for use by a third party (other than a third party designated by Nintendo) for commercial purposes;
(3) Actions that damage the reputation or credit of another person, insult others, or cause discomfort to others;
(4) Actions infringing the privacy rights, portrait rights, or publicity rights of another person;
(5) Actions infringing the Intellectual property rights, as well as all other rights of another person;
(6) Criminal acts or actions contributing to the commission of a crime;
(7) Actions that violate public order and standards of decency;
(8) Other actions that Nintendo considers inappropriate.
1.5 If a dispute arises between you and a third party concerning your use of the Mii Maker software and Mii characters in connection with the Application, you must resolve the dispute on your own and at your own expense. Nintendo is not obligated to take part in the dispute, and assumes no liability in connection therewith.
This Article adds to the provisions of the Main Rules, and is an addendum to the Main Rules, for customers who use the Application on OS smart devices provided by Apple, Inc. (hereinafter "Apple"). If provisions of this Article and those of the Main Rules conflict, in such case only, the provisions of this Article shall apply with priority.
2.1 Nintendo grants a license to you only, for the non-exclusive, non-assignable right to download and use the Application for your personal, non-commercial purposes, according to the App Store Terms of Service, and you shall accept this license.
2.2 Apple bears no responsibility for any claims by you or a third party related to your possession or use of the Application, including the following:
(1) A claim of product liability;
(2) A claim that the Application does not conform to the requirements of laws and regulations;
(3) A claim based on the Consumer Protection Fundamental Act or similar laws and regulations;
(4) A claim by you or a third party that the Application or the use of the Application by you infringes the Intellectual property rights of you or a third party;
2.3 You acknowledge that Apple has no responsibility to provide maintenance or support services for the Application.
2.4 This Application is provided by Nintendo Co., Ltd., headquartered at 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan.
2.5 You declare and guarantee that you do not live in a U.S. export-embargoed country or a country designated as State Sponsor of Terrorism by the United States government, or that you are not on the list of people barred or excluded from the United States.
2.6 You acknowledge that Apple and Apple's subsidiaries are third party beneficiaries to this Agreement, and that, by acknowledging the provisions of this Agreement, you acknowledge that Apple has the right (or is deemed to have acknowledged the right) to enforce this Agreement against you as third party beneficiary.