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.
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Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable or that operate on your behalf...
You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.
These indemnity obligations shall survive any expiration or termination of your relationship with Chegg.
"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 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.
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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 228 platforms. See the full comparison.
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