In order to use the Dr. Mario World application (hereinafter "Application"), you must agree to this Dr. Mario World User Agreement (hereinafter "Agreement"). This Agreement is between you (hereinafter "you" or "Customer") and Nintendo Co., Ltd. (hereinafter "Nintendo"). This Agreement consists of the Main Rules, Additional Rules, and the Dr. Mario World Privacy Policy.

If you are less than the age of majority where you live, you must have a legal representative, such as a parent or guardian, to accept this Agreement on your behalf.

Please read all the provisions of this Agreement before agreeing to the terms of this Agreement.

1. Definitions

For the purposes of this Agreement, the following terms shall have the following definitions:

• "Customer" refers to a person (including you) that utilizes the Application pursuant to the terms of this Agreement;
• "Content" refers to all information that you come across when using the Application (including but not limited to: documents, images, videos, audio, music, and other data);
• "Provided Content" refers to Content provided by Nintendo to you through the Application;
• "User-Generated Content" or "UGC" refers to Content that you create, share, transmit, or otherwise make accessible or viewable through the Application including, without limitation, your Mii nickname and the name of the Mii creator, but excluding Mii Characters;
• "Redeemed Content" refers to Provided Content that you receive in exchange for In-game Currency;
• "In-game Currency" refers to the contents that can be exchanged within the Application for Redeemed Content;
• "Mii Character" refers to likeness characters provided by Nintendo called Mii used in the Application. Main Rule Article 1 of the Additional Rules shall apply to the use of Mii Characters and the Mii creation feature (hereinafter "Mii creation software");
• "Linked Services" refers to the services provided by Nintendo, Nintendo's affiliated companies (hereinafter collectively "Nintendo Group") or third parties that can be linked to the Application. The services provided through the Nintendo Account are included in the services provided by Nintendo;
• "Measures such as Suspension" refers to measures taken by Nintendo to Customer such as restriction of the use of all or part of the Application or termination of this Agreement;

2. Registration of Your Information on the Application

2.1 You must register true and accurate information about yourself in order to use the Application. If there is a mistake in your registered information, or if a change occurs to your registered information, you must promptly correct or change such information.

2.2 Nintendo provides the Application to you on the basis of the information you register. Nintendo assumes no liability for any loss or damage incurred by you arising from inaccurate, false, or incomplete information.

2.3 You must promptly notify Nintendo if you become aware that someone uses the Application without your permission. Nintendo assumes no liability for any loss or damage incurred by you arising from the use of your Application by a third party.

3. Use of the Application

3.1 You must use the Application in accordance with any term of this Agreement and other conditions prescribed by Nintendo.

3.2 You are solely responsible for any costs or taxes associated with your access or use of the Application, including but not limited to, Internet, data communication, or equipment charges or costs.

3.3 Some or all of the Application's services may not be available to all Customers, depending upon age, location, device, communication environment, or other factors.

3.4 Customers under the age of majority must get permission from their legal representative, such as a parent or guardian, before using the Application and its services, including without limitation, the purchase of In-game Currency.

3.5 If you change your country registration within the Application, you must agree to the user agreement applicable to your newly-registered country. Certain Content may vary by country, and a change to the registered country may impact the availability of any and all services within the Application or eliminate rights that you possessed under your prior registration. Nintendo assumes no liability for any loss or damage incurred by you arising in connection with any change to your country registration.

4. License to Use the Application

4.1 Nintendo licenses you the right to use the Application, on condition that you comply with any term of this Agreement or other conditions prescribed by Nintendo.

4.2 The license of the preceding paragraph is non-exclusive, and Nintendo may restrict the term or frequency of use, or apply additional conditions. In addition to what is set forth under this Agreement, if there are reasonable grounds, Nintendo may at any time cancel this license.

4.3 Unless the context requires to be interpreted differently, expressions such as the "purchase" "sale" "exchange" "redemption" of Provided Content and other similar expressions within this Agreement and within the Application shall mean the licensing to you of the right to use the Provided Content.

5. In-game Currency and Redeemed Content

5.1 You can obtain Redeemed Content in exchange for In-game Currency purchased through the Application. Nintendo may at times give you In-game Currency for free during campaigns and other occasions. In-game Currency cannot be sold or transferred and cannot be exchanged for or converted to cash or legal tender or for any goods or services except to obtain Redeemed Content.

5.2 Nintendo shall determine and provide, in the Application or on the official website for the Application, the price, validity period, values to obtain Redeemed Content, and other conditions applicable to In-game Currency. Nintendo may make changes to such terms from time to time in its discretion.

5.3 Except as otherwise permitted by Nintendo, In-game Currency and Redeemed Content are licensed only to the Customer who purchased or redeemed them. If you use the Application on multiple devices that work on different operating systems (hereinafter "OS"), the In-game Currency purchased through the Application on one OS cannot be used, totaled or inherited in the Application on a different OS.

5.4 Except where required by applicable law, In-game Currency are non-refundable. The method and conditions of any refunds required by law shall be separately determined by Nintendo.

5.5 Your purchase of In-game Currency is subject to your compliance with terms and conditions of all applicable third party payment service companies including but not limited to Apple, Inc. and Google, Inc.

6. User-Generated Content

6.1 The Application may permit you to send, receive, or otherwise share User-Generated Content with others.

6.2 Except for any Nintendo's Intellectual property rights (as defined in Main Rule Article 8) therein, you own your UGC. By entering into this Agreement, you grant Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sub-licenseable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display User-Generated Content, in whole or in part, and to incorporate your User-Generated Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, without any payment to you. You acknowledge that your User-Generated Content may be viewed, reproduced, published and/or modified by Nintendo or third parties. You acknowledge that Nintendo may delete any User-Generated Content from the Application and/or Nintendo servers at any time, for any reason, in its discretion without notice or liability to you. Nintendo reserves the right to not post or publish User-Generated Content and is not obligated to store any User-Generated Content.

6.3 You warrant to Nintendo that you have all rights in and to the User-Generated Content needed to share such UGC, and that such UGC does not violate any term of this Agreement or other conditions prescribed by Nintendo, or any third party rights or interests. You agree to indemnify Nintendo for any claims arising in connection with any User-Generated Content made available by you.

6.4 For User-Generated Content that you share, you waive any moral rights that you may have in such UGC.

6.5 If you believe that another Customer's UGC infringes your rights, you can notify Nintendo by the method set forth in Main Rule Article 17.2. Nintendo may, in its discretion, remove such UGC, or take other measures as it deems necessary. However, Nintendo bears no obligation to respond or take any action.

6.6 You acknowledge and agree that other Customers may notify Nintendo (as set forth in Main Rule Article 6.5) regarding problems with your UGC. Nintendo has the right, but is not obligated to, inspect, confirm, edit, delete, or monitor (including providing information to the police, courts, and other governmental entities) the Application and UGC. Nintendo is not obligated to verify that the UGC conforms to any term of this Agreement or other conditions prescribed by Nintendo (including legality, morality, and whether or not there is a license for relevant intellectual property rights and other similar rights), or to verify any other aspect of such content.

6.7 Nintendo respects the secrecy of communication and will not view, delete, or disclose to third parties your private communication, except where required by law or Nintendo obtains adequate consent.

7. Linked Services

7.1 When using a Linked Service, you must comply with any term of this Agreement or other conditions as well as the terms and conditions applicable to the Linked Service.

7.2 If you link your Application to your Nintendo Account, and if you either are subject to Measures such as Suspension of the Nintendo Account or have changed your country setting on the Nintendo Account, all or part of the Application use may be restricted. Once the Nintendo Account is linked to the Application, the link cannot be undone. If your linked Nintendo Account is terminated or deleted for any reason, you will not be able to use the Application. Nintendo assumes no liability for any loss or damage incurred by you arising from the linking of your Application to the Nintendo Account.

7.3 For any services that can be used via Linked Services provided by a third party, such third party is solely responsible for such services. Nintendo makes no representation or warranty regarding such services provided by a third party, and assumes no liability for any loss or damage incurred by you in connection with your access or use of a third party's Linked Services. You must comply with the terms and conditions applicable to such Linked Services.

8. Intellectual Property Rights

8.1 Except for the limited license granted to you in Main Rule Article 4, Nintendo and its partners own all right, title, and interest in and to all intellectual property utilized in and in connection with the Application and all Provided Content, including without limitation, all copyright, moral rights, patents and trademarks, service marks and other rights (hereinafter referred to as the "Intellectual property rights").

8.2 Nintendo licenses you the use of the Provided Content solely to the extent necessary to use the Application according to the provisions of Main Rule Article 4. Nintendo reserves all other rights in and to the Intellectual property rights.

9. Prohibitions

In using the Application, you must refrain from (and not permit or otherwise facilitate a third party from engaging in) the following actions or actions that may result to the following actions in connection with your use or access of the Application:

1. Slander, fraud, intimidation, or obstruction of business against Nintendo Group, Customers, or any third parties;
2. Nuisance, harassment, and other actions that inflict emotional distress or economic loss to Nintendo Group, Customers, or any third parties;
3. Actions that violate or damage the Intellectual property rights, portrait rights, publicity rights, privacy rights, reputation, credit, or other rights or interests of Nintendo Group, Customers, or any third parties;
4. Allowing any third party to use the Application, either in exchange for payment or free of charge;
5. Utilizing the Application for commercial purposes;
6. Actions whose purpose is to reverse engineer or otherwise analyze the source code of the Application;
7. Actions that induce or make use of Application bugs or malfunction;
8. Accessing Nintendo's (including its partners') information systems related to the Application, rewriting or deleting Application data, or engaging in actions that overburden Nintendo's (including its partners') information systems, or other actions that negatively impact the smooth provision of the Application and its services;
9. Actions that fraudulently control the Application by using cheats, automation software (bots) or any other technical measure;
10. Using the Application on modified device or OS that Nintendo considers inappropriate;
11. Deliberately publicizing or posting false data in relation to the use of the Application;
12. Falsely representing yourself as Nintendo Group, another Customer, or any other third party;
13. Engaging in any advertising, publicity, or promotions within the Application (except for those specially permitted by Nintendo);
14. Engaging in criminal acts or criminal threats, or facilitating the commission of a crime by someone else;
15. Actions that violate public order and standards of decency;
16. Actions that violate laws and regulations, judgments, decisions and orders of the court, or legally binding administrative measures, or acts that promote or facilitate these actions;
17. Actions that violate any term of this Agreement or other conditions prescribed by Nintendo or requests, orders or mandatory measures separately made by Nintendo;
18. Sharing, sending or receiving User-Generated Content that
(a) contains violent or discriminatory messages;
(b) contains political or religious opinions;
(c) contains obscene or sexual expressions;
(d) is intended for the purpose of meeting other Customers in real life;
(e) contains name, address, telephone number, email address, and other contact information;
(f) inflicts physical or emotional harm on others such as excessive flash display or continuous sending of identical or similar content;
(g) leads others to websites and other media that contains any of the above;
19. Engaging in any other actions that Nintendo considers inappropriate.

10. Measures such as Suspension

10.1 Nintendo may, in its discretion, take Measures such as Suspension without any notification to you if Nintendo determines that any of the following events have occurred or may occur:

1. you breach any term of this Agreement or other conditions prescribed by Nintendo relating to the Application;
2. you delay in performing or fail to perform any of your obligation owed to Nintendo;
3. you are a minor, an adult ward, a person under curatorship, or a person under advisorship that is not permitted to use the Application or accept this Agreement, or you are a minor that wrongfully accepted this Agreement on your own or wrongfully obtained the acceptance of your legal representative, guardian, curator or advisor;
4. you failed to respond for a period of thirty (30) days or more to an inquiry from Nintendo regarding your use or access of the Application or other communication requiring a response;
5. you have not used the Application for a period of six (6) months or more;
6. you are an anti-social force, or that you have some kind of interaction or involvement with anti-social forces, such as cooperation or involvement in maintaining, operating or managing anti-social forces through the provision of funds and other means;
7. it is necessary for the operation, maintenance, or protection of the Application;
8. you commit other acts that Nintendo deems inappropriate.

10.2 If Nintendo determines that your actions fall under or are likely to fall under any of the subparagraphs of the preceding paragraph, Nintendo may require you to stop such actions, or correct any defect or harm caused by such actions. You must comply with these requirements within the time period set by Nintendo.

10.3 Nintendo assumes no liability for any loss or damage incurred by you arising from Measures such as Suspension.

10.4 Even if Nintendo takes Measures such as Suspension, you shall not be exempted from any of your obligations to Nintendo and any applicable third parties under this Agreement (including liability for damages).

10.5 Nintendo can utilize the information that you provided Nintendo, even if you are subject to Measures such as Suspension.

11. Customer Responsibility

If a loss or damage arises in Nintendo in relation to the use of the Application for reasons attributable to you, such as violation of this Agreement, you have the obligation to promptly indemnify Nintendo for such loss or damage.

12. Indemnification and Limitation of Liability

12.1 You acknowledge the following:

1. The Application (including the Provided Content and other related materials) is provided "as is" with no guarantees. Nintendo makes no guarantee whatsoever that the Application is free from errors, bugs, flaws, or security defects, that it does not infringe any third party's Intellectual property rights, that it has the characteristics and commercial value that you expected, or that it conforms to any applicable laws, regulations, or other rules.
2. Nintendo does not guarantee that the Application will be compatible with all devices. There is the possibility of malfunctions occurring in the Application due to events such as upgrading the device OS. When such malfunctions occur, Nintendo does not guarantee that such malfunctions will be resolved from any action by Nintendo.
3. Use of the Application may be restricted by changes to the terms and conditions and operating policies of the store where the Application and In-game Currency are obtained, or by changes to the terms of service of the applicable payment service company.
4. Nintendo assumes no liability for any loss or damage incurred by you in connection with your use of the Application.
5. To the greatest extent permitted by law, Nintendo assumes no liability for any loss, damage or alteration of or to the data of the Application.
6. If a dispute arises between you and another Customer, or you and a third party, with respect to the Application, you must notify Nintendo and resolve such dispute on your own and at your own expense. Nintendo has no obligation to take part in any such dispute and assumes no liability with regard thereto.
7. Nintendo assumes no liability for any interruption, delay, cancellation or data deletion of the Application, or for any loss or damage due to unauthorized access to data related to the Application.

12.2 Despite the provisions of the preceding paragraph and other provisions of this Agreement, if there are causes attributable to Nintendo, Nintendo shall assume liability for damages. However, except where willful misconduct or gross negligence is found in Nintendo, even where the possibility of loss or damage was acknowledged, Nintendo is not liable to you for any damages beyond what is normally expected to occur.

12.3 NINTENDO'S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE APPLICATION AND THE LINKED SERVICES IS LIMITED TO THE LESSER OF (A) A TOTAL OF TEN-THOUSAND (10,000) YEN, OR (B) THE AMOUNT OF COSTS/FEES PAID BY YOU IN CONNECTION WITH SUCH CLAIM DURING THE MONTH THAT THE DAMAGE AROSE (IF ANY).

12.4 IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, NINTENDO LIMITS ITS LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.

13. Change or Discontinuance of the Application

13.1 Nintendo may change or make additions to all or part of the Application without prior notice to Customers.

13.2 Nintendo may temporarily suspend all or part of the Application without any prior notice, if any of the following causes occur:

1. The Application server is overloaded or some other technical error occurs resulting from causes such as excessive Customer access to the Application;
2. Nintendo elects to conduct regular or emergency maintenance related to the operation of the Application;
3. Fire, power outage, war, strike, act of government, natural disaster, act of God, or any other cause making it impracticable for Nintendo to operate the Application;
4. If operation of the Application becomes impossible due to applicable laws and regulations;
5. Nintendo deems it necessary for any other reason.

13.3 Nintendo assumes no liability for any loss or damage incurred by you arising from any action taken by Nintendo according to the preceding paragraph.

14. Changes to this Agreement

Nintendo can make changes to this Agreement at any time. After changes are made, the Agreement shall be posted within the Application, and shall be effective as of the time of such posting. When using the Application, please check the newest version of the Agreement at all times.

15. Termination of this Agreement

15.1 The Agreement shall be terminated in the event you clear your save data, delete or uninstall (including by accident) the Application, or you take any other action, prescribed by Nintendo, to terminate the Agreement.

15.2 Nintendo may, in its discretion, discontinue the provision of the Application and terminate this Agreement with any and all Customers, upon notification to Customers through the Application, on the official website for the Application, or by other means that Nintendo deems appropriate.

16. Measures to be Taken upon Termination of this Agreement

16.1 When this Agreement terminates, you will no longer be able to use the Content, or other information related to the Application, except where Nintendo prescribes otherwise.

16.2 If this Agreement is terminated, except as otherwise permitted by Nintendo, all In-game Currency in your possession shall become void, and you will no longer be able to use such In-game Currency. Except where required by law, you will not be entitled to any refunds for unused In-game Currency.

16.3 If this Agreement is terminated, Nintendo may, in its discretion, delete all Content within the Application related to you that existed at the time of the termination, without notice to you.

16.4 Nintendo assumes no liability for any loss or damage incurred by you arising from any change to this Agreement or termination of this Agreement. You acknowledge and agree that you waive all claims for loss or damage incurred by you or a third party resulting from the termination of this Agreement.

16.5 Even if this Agreement is terminated, you are not exempted from any of your obligations under this Agreement toward Nintendo or any applicable third parties (including liability for damages).

16.6 Notwithstanding the termination of this Agreement, Nintendo may continue to utilize your User-Generated Content and the information that you provided to Nintendo. Nintendo shall utilize such UGC according to Main Rule Article 6, and Customer information shall be handled according to the Dr. Mario World Privacy Policy. Also, even after the termination of this Agreement, the provisions of Main Rule Articles 6 to 9, Article 11, Article 12, Articles 16 to 20, Additional Rule Article 1, and the Dr. Mario World Privacy Policy shall remain in effect.

17. Notification

17.1 If Nintendo has notifications, approvals, or other communication to the Customer concerning the Application, it will be posted within the Application, on the official website for the Application, or by some other method that Nintendo deems appropriate. Messages from Nintendo shall be deemed to have reached you upon posting or upon the transmission of such message. Nintendo assumes no liability for any loss or damage due to the non-delivery or delayed delivery of such message, regardless of the reasons thereof.

17.2 If you wish to send notifications, approvals, or other communication concerning the Application to Nintendo, you must fill out and send the inquiry form within the Application, or such other method designated by Nintendo. Your message shall be deemed sent upon arrival at Nintendo. Nintendo assumes no liability for any loss or damage incurred by you arising from the non-delivery or delayed delivery of such message, regardless of the reasons thereof.

18. Prohibition of Assignment of Rights

Except where specified in this Agreement, you shall not assign, lend or otherwise dispose of your rights and obligations under this Agreement.

19. Severability

Even if for some reason a provision of this Agreement becomes void or unenforceable, this shall not render any other part of the Agreement void or unenforceable. If a court deems a provision of this Agreement to be void or unenforceable, such provision shall be narrowly interpreted to the extent necessary for it to become valid and enforceable.

20. Applicable Law and Jurisdiction

20.1 This agreement shall be governed by the laws of Japan and shall be interpreted according to Japanese law.

20.2 The Kyoto District Court shall be the exclusive court of first instance for disputes between Nintendo and you arising from or related to this Agreement.

1. Mii User Rules

1.1 Your use of the Mii Maker software and Mii characters in connection with the Application is contingent upon your adherence to these rules.

1.2 All Intellectual property rights in and to Mii characters shall belong to Nintendo.

1.3 Use of Mii characters can only be used on devices or services provided by Nintendo or by a third party designated by Nintendo. Use of Mii characters in connection with the Application is limited to purposes approved by Nintendo through its manual or website.

1.4 In using Mii characters, you must refrain from (and not permit or otherwise facilitate a third party from engaging in) the following actions or actions that may result to the following actions in connection with your use or access of the Application:

1. Use of Mii characters for commercial purposes;
2. Providing a Mii character for use by a third party (other than a third party designated by Nintendo) for commercial purposes;
3. Actions that damage the reputation or credit of another person, insult others, or cause discomfort to others;
4. Actions infringing the privacy rights, portrait rights, or publicity rights of another person;
5. Actions infringing the Intellectual property rights, as well as all other rights of another person;
6. Criminal acts or actions contributing to the commission of a crime;
7. Actions that violate public order and standards of decency;
8. Other actions that Nintendo considers inappropriate.

1.5 If a dispute arises between you and a third party concerning your use of the Mii Maker software and Mii characters in connection with the Application, you must resolve the dispute on your own and at your own expense. Nintendo is not obligated to take part in the dispute, and assumes no liability in connection therewith.

2. Addendum for Customers Using OS smart devices from Apple, Inc.

This Article adds to the provisions of the Main Rules, and is an addendum to the Main Rules, for customers who use the Application on OS smart devices provided by Apple, Inc. (hereinafter "Apple"). If provisions of this Article and those of the Main Rules conflict, in such case only, the provisions of this Article shall apply with priority.

2.1 Nintendo grants a license to you only, for the non-exclusive, non-assignable right to download and use the Application for your personal, non-commercial purposes, according to the App Store Terms of Service, and you shall accept this license.

2.2 Apple bears no responsibility for any claims by you or a third party related to your possession or use of the Application, including the following:

1. A claim of product liability;
2. A claim that the Application does not conform to the requirements of laws and regulations;
3. A claim based on the Consumer Protection Fundamental Act or similar laws and regulations;
4. A claim by you or a third party that the Application or the use of the Application by you infringes the Intellectual property rights of you or a third party;

2.3 You acknowledge that Apple has no responsibility to provide maintenance or support services for the Application.

2.4 This Application is provided by Nintendo Co., Ltd., headquartered at 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan. Please see Main Rule Article 17 for contact information concerning the Application.

2.5 You declare and guarantee that you do not live in a U.S. export-embargoed country or a country designated as State Sponsor of Terrorism by the United States government, or that you are not on the list of people barred or excluded from the United States.

2.6 You acknowledge that Apple and Apple's subsidiaries are third party beneficiaries to this Agreement, and that, by acknowledging the provisions of this Agreement, you acknowledge that Apple has the right (or is deemed to have acknowledged the right) to enforce this Agreement against you as third party beneficiary.