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
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Any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party's prior written consent, not to be unreasonably withheld...
Indemnifying Party will have the sole authority to defend or settle a Claim
no settlement may be entered into by an indemnifying party, without the express written consent of the indemnified parties...if (i) the third party asserting the claim is a government agency, (ii) the settlement arguably involves the making of admissions...
"If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.Excerpt from Nintendo's Terms of Use
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The clause states: “If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.”
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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