You agree to protect Nintendo from any legal claims or costs that arise from your use of their services, your content, or your violation of the terms.
This analysis describes what Nintendo's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The indemnification clause establishes a cost-shifting mechanism that allocates to users the financial responsibility for defending Nintendo against third-party claims connected to user conduct or content on the platform. This obligation applies regardless of fault determination and operates independently of other liability limitations in the agreement.
Consumers could face significant financial liability if their use of Nintendo's services results in third-party claims against Nintendo, even in situations where fault is ambiguous.
How other platforms handle this
You agree to defend, indemnify, and hold harmless Teachable and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of...
You agree to defend, indemnify, and hold harmless Ancestry and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of t...
You agree that Your Content must comply with our Community Guidelines as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content. You will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
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"If the Nintendo 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, or any data, information, or other item you make available through the Services including User Content, then you agree to indemnify the Nintendo Parties from all such Covered Losses and any related costs, such as reasonable attorney's fees.— Excerpt from Nintendo's Nintendo Terms of Use
Broad consumer-facing indemnification clauses represent material financial risk for users and may be subject to challenge as unconscionable in certain jurisdictions. Legal and compliance teams should flag this provision in platform integration assessments.
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The indemnification clause establishes a cost-shifting mechanism that allocates to users the financial responsibility for defending Nintendo against third-party claims connected to user conduct or content on the platform. This obligation applies regardless of fault determination and operates independently of other liability limitations in the agreement.
Consumers could face significant financial liability if their use of Nintendo's services results in third-party claims against Nintendo, even in situations where fault is ambiguous.
ConductAtlas has identified this type of provision across 13 platforms. See the full comparison.
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