Nintendo reserves the right, at its absolute discretion, to access, monitor, use, disclose, or preserve information associated with a user's Services activity, including User Content, when Nintendo forms a good faith belief that doing so is necessary for legal compliance, Terms enforcement, safety, or prevention of illegal or offensive activity. Nintendo states it has no obligation to screen or monitor content.
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
This provision grants Nintendo broad discretionary authority to access, monitor, use, and disclose user activity data and User Content based on Nintendo's own good faith determination, across four stated categories of justification. The clause does not establish procedural requirements, notice obligations to users, or limitations on retention of monitored information.
Under this clause, Nintendo may access, monitor, use, disclose, or preserve a user's activity information and User Content at its absolute discretion when it determines one of four stated conditions is met, without obligation to notify the user. This monitoring authority applies to information Nintendo acquires through the user's use of the Services, including User Content.
Cross-platform context
See how other platforms handle Nintendo's Right to Monitor and Disclose User Activity and similar clauses.
Compare across platforms →"Although Nintendo has no obligation to screen, edit or monitor any of the User Content posted on the Services, Nintendo reserves the right, and has absolute discretion, to access, use, monitor, disclose or preserve information associated with your use of the Services, including, without limitation, User Content, or information that Nintendo acquires about you through your use of the Services, when Nintendo forms a good faith belief that doing so is necessary (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce these Terms or protect the rights or property rights of Nintendo or its users; (c) to help prevent a loss of life or serious physical injury to anyone; or (d) prevent potentially illegal or offensive activities.Excerpt from Nintendo's Terms of Use
(1) REGULATORY LANDSCAPE: The monitoring and disclosure provision engages the Electronic Communications Privacy Act and the Stored Communications Act with respect to government requests for user data.
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This provision grants Nintendo broad discretionary authority to access, monitor, use, and disclose user activity data and User Content based on Nintendo's own good faith determination, across four stated categories of justification. The clause does not establish procedural requirements, notice obligations to users, or limitations on retention of monitored information.
Under this clause, Nintendo may access, monitor, use, disclose, or preserve a user's activity information and User Content at its absolute discretion when it determines one of four stated conditions is met, without obligation to notify the user. This monitoring authority applies to information Nintendo acquires through the user's use of the Services, including User Content.
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