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
Your subsequent use of content generated by AI Features.
Any claim that any user submission made by you has caused damage to a third party
NVIDIA will have no obligation...to indemnify...with respect to any Indemnifiable Claim relating to...a Customer Indemnitee's failure to use software, materials or instructions provided by NVIDIA which would have rendered the Enterprise Products non-infringing.
"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 228 platforms. See the full comparison.
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