Users agree to indemnify Nintendo and its affiliated parties against any claims, damages, costs, and attorney's fees arising from the user's use of the Services, User Content submitted, Submissions provided, or violations of the Terms or third-party rights. The agreement acknowledges that some jurisdictions limit consumer indemnities.
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 establishes a broad user indemnification obligation covering actual and threatened claims arising from any content submitted or any Terms violation, including payment of Nintendo's attorney's fees. The clause grants Nintendo sole and unfettered discretion to control and settle any indemnified action.
Interpretive note: Enforceability of the consumer indemnification obligation varies by jurisdiction; the agreement acknowledges this variance but does not specify which jurisdictions impose limits.
Under this clause, users are required to indemnify Nintendo against claims, damages, and attorney's fees arising from their use of the Services, submitted content, or any violation of the Terms or third-party rights. The agreement also grants Nintendo sole discretion to control and settle any action for which indemnification is sought, including determining settlement terms.
Cross-platform context
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Compare across platforms →"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. You further agree to indemnify the Nintendo Parties for any Covered Losses arising out of or related to: (a) any Submissions you provide; (b) your violation of these Terms; and (c) 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.Excerpt from Nintendo's Terms of Use
(1) REGULATORY LANDSCAPE: Broad consumer indemnification clauses engage state consumer protection statutes; the agreement's acknowledgment that some jurisdictions limit consumer indemnities reflects awareness that this provision may not be enforceable as written in all jurisdictions.
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This provision establishes a broad user indemnification obligation covering actual and threatened claims arising from any content submitted or any Terms violation, including payment of Nintendo's attorney's fees. The clause grants Nintendo sole and unfettered discretion to control and settle any indemnified action.
Under this clause, users are required to indemnify Nintendo against claims, damages, and attorney's fees arising from their use of the Services, submitted content, or any violation of the Terms or third-party rights. The agreement also grants Nintendo sole discretion to control and settle any action for which indemnification is sought, including determining settlement terms.
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