“If the Nintendo Parties are subject to any actual or threatened claims, costs, damages, losses, or other liabilities...as a result of your use of any of the Services...you agree to indemnify the Nintendo Parties from all such Covered Losses...”
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
Users bear financial responsibility for any claims or liabilities — including threatened ones — that Nintendo incurs as a result of the user's use of the Services.
Interpretive note: The terms 'Covered Losses' and 'Nintendo Parties' are referenced but not defined in the excerpt. The canonical claim preserves these terms exactly without expanding or defining them.
If your use of the Services causes actual or threatened claims, costs, damages, or liabilities against Nintendo, you are required to cover all resulting Covered Losses.
How other platforms handle this
Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...use of the Services or Customizations by Customer after notice by Smartsheet to discontinue use.
Customer's modification of the CS Service not described in the Documentation or otherwise expressly authorized by Contentsquare in writing
In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
"If the Nintendo Parties are subject to any actual or threatened claims, costs, damages, losses, or other liabilities...as a result of your use of any of the Services...you agree to indemnify the Nintendo Parties from all such Covered Losses...Excerpt from Nintendo's Terms of Use
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Users bear financial responsibility for any claims or liabilities — including threatened ones — that Nintendo incurs as a result of the user's use of the Services.
If your use of the Services causes actual or threatened claims, costs, damages, or liabilities against Nintendo, you are required to cover all resulting Covered Losses.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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