The following Terms and Conditions apply to all users registered as Club Nintendo members and to the Nintendo Stars Program operated by Nintendo of Europe GmbH ("Nintendo"), Nintendo Center, P.O. Box 1501, D-63760 Großostheim, Germany. Please read these Terms and Conditions carefully before giving your consent to these terms.

There's so much to see and do here at the Nintendo website, and we want to make sure your every visit is an enjoyable one. So we've drawn up a few terms and conditions that will help us all maintain a safe and happy community. Please make sure you understand what follows, as by accessing and using the website, by registering for Club Nintendo privileges you agree to the terms and conditions set out below and to our Privacy Policy. Younger visitors should tap a parent on the shoulder and ask them to explain some of the more complicated terms and conditions here.

By clicking the button "I accept" at the end of the Club Nintendo registration process, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions, the Privacy Policy and any other posted guidelines or rules applicable to any individual use of the Nintendo website. All such terms are hereby incorporated by reference into the Terms and Conditions.

For parents and guardians we have an additional Parents site dedicated to the specific questions they may have. Please click here to enter the Parents site.

The website is operated by Nintendo of Europe GmbH, a company based at Nintendo Center, 63760 Grossostheim. If you have any questions regarding this website please contact nintendo@core.co.za.

This website is directed to the residents of South Africa. If you are not a resident of South Africa, please use the "Language" button to go to the Nintendo website of your country of residence.

You have the option to register on our site. If you choose to do so, the account you've opened is your unique ticket into the many exciting areas of Nintendo's website. Keep your account details secret at all times. We reserve the right to take action against and/or terminate the account of anyone who supplies false information when registering, impersonates other users or uses an account that isn't their own. If you're under 16 years old, you must have permission from a parent or guardian when registering. You will learn about the details within the registration procedure.

1. Restrictions on registering on this site

To register on this website as a Club Nintendo Member you have to be resident of South Africa. If you are not a resident of South Africa, please use the "Language" button on the top right of the website to go to the Nintendo website of your country of residence. After registering on this website you will not be able to log in to any other of the Nintendo country websites. So, for example, if you registered with the South African site, you will be unable to log in to the UK site. You should therefore choose your country carefully when registering.

This also means that:

* You can redeem your Stars for Stars Catalogue items only from the Nintendo site you registered with.

* When you enter a Club Nintendo product code, you should ensure that you are logged in to your country's Nintendo site - or you risk losing the Stars you would get for registering your product.

2. Privacy

Nintendo works hard to protect your privacy - and you should, too. Please note that we must not and will not disclose the data you provided us with to unauthorized third parties. If someone asks Nintendo to grant him access to his account because he forgot his password and his email address is no longer active, we will not be able to do so unless he can actually prove that it is his account. This proof is often very difficult to provide so that in many cases Nintendo can not grant access. Therefore, it is of utmost importance that you safely store your password and that if you change your email address you simultaneously change your registration profile.

If you register on our site, we may collect certain personal information about you. To learn more about how we use your information, and how we look after it, please read our full Privacy Policy.

1. How do you earn Stars?

The Nintendo Loyalty Program allows you to earn Stars while interacting with Nintendo. To earn Stars you must register with the Nintendo Loyalty Program as a Club Nintendo member. Stars may be earned by registering as well as by online interaction with Nintendo. The activities by which Stars can be earned might change with future effect both in character and with respect to how many Stars will be allotted for them. The registration of a product requires that the respective product has been lawfully purchased. Nintendo reserves the right to cancel registrations if this requirement is not fulfilled.

2. How you can check your current account status

You can check the status of your current account containing your earned Stars under Club Nintendo / My Account / Stars Balance.

3. How Stars can be redeemed

The Stars you have earned can be redeemed in accordance with the Loyalty System Catalogue valid at the time of redemption. However, the Loyalty System Catalogue does not constitute a concrete offer for a certain premium but a mere indication which products are (or were) generally available. Nintendo reserves the right to change the Loyalty System Catalogue at any time without prior notice. In case due to a change of the Loyalty System Catalogue a premium is no longer available or the number of Stars necessary to redeem a particular premium has increased, you are entitled within one week after the change of the Loyalty System Catalogue to redeem such premium for the number of Stars that was indicated in the Loyalty System Catalogue before the change by sending an e-mail to the address indicated on this web site. However, some of the premiums in the Loyalty System Catalogue might only be available for a limited time or in a limited number. Nintendo will indicate on this web site if the availability of premiums is limited, and there is no obligation for Nintendo to make available such premiums beyond those limitations. Limited premiums will be allocated on a first come first serve basis.

In addition, Nintendo reserves the right to replace or withdraw premiums in the Loyalty System Catalogue. In the event that premiums set out in the Loyalty System Catalogue consist of products supplied by third parties, Nintendo reserves the right not to deliver the premiums against reimbursement of the redeemed Stars in the event that Nintendo itself has not been supplied by its supplier.

In the event that Nintendo becomes aware of any defect in a premium, it shall be entitled to withdraw the premium without further notice from the Loyalty System Catalogue.

Nintendo will only ship an Offline Prize to an address in South Africa.

4. Number of Stars that can be earned and expiration of Stars

The maximum amount of Stars you can earn in total may be limited by Nintendo with a notice period of 1 week. This does not apply to Stars you have already earned at the moment of notice.

The Stars expire 24 months after they have been earned, so that unredeemed Stars which are older than 24 months will be deleted from your account.

If you subscribe for the Nintendo newsletter, you will be informed on your current Stars Balance and how many stars will be deleted in the next four weeks. There will be a monthly clearing of all Stars earned which are older than 24 months.

5. Misuse of the Nintendo Loyalty Program

You are not allowed to:

• register more than once as a Club Nintendo member;
• register the same Nintendo product more than once, unless expressly permitted;
• register a product which has not been lawfully purchased;
• make use of the Stars in any other way than for your personal use only; in particular, it is prohibited to sell or buy Stars or to transfer Stars to another person;
• use or promote illicit technical aids in order to earn Stars, e.g. to create, offer, distribute or use software programs or other means that create an automatic online interaction with Nintendo.

In case there is evidence and/or prima facie evidence that you do not or did not comply with any of the rules above or that you misuse the Nintendo Loyalty Program in any other way, Nintendo is entitled to refuse the redemption of Stars and to delete your account including the Stars you have earned.

6. Termination and alteration of the Nintendo Loyalty Program

Nintendo expressly reserves the right to terminate the Nintendo Loyalty Program at any time without prior notice. You will be informed about the termination on this web site and, at the discretion of Nintendo, also via e-mail. In the event of such termination, Nintendo will set a fixed time limit of at least 4 weeks within which Stars that have already been credited to you at the time of termination may be redeemed in accordance with the Loyalty System Catalogue valid at the time of redemption. After the set time limit has expired your account including all Stars will be deleted.

Nintendo reserves the right to make changes to the Nintendo Loyalty Program including these Terms and Conditions with future effect at any time. You will be informed about such changes on this website and at the discretion of Nintendo, also via e-mail. In case you do not object to these changes within 4 weeks after they have been communicated to you, the changes will be deemed to be accepted. In case you object to the changes you may terminate your participation in the Nintendo Loyalty Program with immediate effect.

The following special Terms on Liability apply to any premiums (including software) that you receive in redemption of your Stars earned or as a free give-away (hereinafter referred to as "Premiums"). The Premiums in the Loyalty System Catalogue are delivered to you free of charge and on an "as is" basis. In particular, Nintendo does not warrant any specific features of the Premiums or that they are fit for a specific purpose. Any statements about the Premiums are of a purely descriptive nature and create no legal obligations. The same also applies to statements made or given by third parties in respect of the Premiums. By registering for the Nintendo Loyalty Program you accept that the Premiums are not of a specific quality standard.

Nintendo excludes all liability (whether in tort, contract or otherwise) to the fullest extent permitted by law, for any loss or damage that may result to you or a third party in connection with the use of this website, except where loss is caused by Nintendo's intent or fraud or that of its employees or agents.

In no circumstances will Nintendo be liable to you or any other third parties for any loss or damage (whether direct or indirect, including loss of profits, loss of opportunity or any consequential loss) resulting from or in any way connected with your use of the website or its content, whether caused by negligence, misrepresentation, breach of any statutory duty, or breach of contract or otherwise.

Nintendo does not seek to exclude liability for personal injury or for damage to health or death caused by its negligence or that of its employees or agents.

In particular, but without limitation, Nintendo shall not be liable for any loss, delay, alteration, manipulation and/or misdirection of e-mails and/or data in respect of the input, collection, transfer and/or transfer of the data which is caused by other data networks, in particular the Internet or www respectively, telephone lines and/or hardware or software of the subscriber and/or third party. This shall in particular also apply to faulty, incomplete, interrupted, deleted or defective data.

If, notwithstanding the provisions of this clause VI, Nintendo is held liable for loss or damage suffered by you, that liability is limited as follows:

• The liability is limited to such damages as might typically be expected to occur as a result of the action causing the damage at the time that this agreement was concluded;
• the liability for loss of data is limited to the cost of recovery of the data that would have been incurred if a regular production of back-up copies appropriate to the risk involved had been made, unless you can prove that the loss of data would also have occurred if proper back-up copies had been made.

Nintendo has not approved or checked any third party sites linked to this site and is not responsible or liable in any way for their content. Your use of such third party sites will be subject to the Terms and Conditions of those sites, and is entirely at your own risk.

Save as may be incidental to you obtaining authorised access to the content on this website, you must not reproduce, download, transmit or retransmit, manipulate or store on paper, electronic media (including, but not limited to any database or any part of the Internet), CD Rom or other offline product on any other format in whole or in part the design and layout of the website or the information or material published on the pages of it.

All content on this website, including articles, artwork, screenshots, graphics, logos, digital downloads and other files, is the property of Nintendo, unless owned by a third party and licensed to Nintendo, and is protected by South African and international copyright, trademark and other intellectual property laws. Trademarks and copyrights for third-party games and characters are owned by the companies that market or license those products.

All content on this website, including articles, artwork, screenshots, graphics, logos, digital downloads and other files, may not be used on any other web site, in any publications, in public performances, in connection with any product or service that is not Nintendo's, in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Nintendo, or in any manner that is otherwise exploitative for any commercial purpose or that otherwise infringes Nintendo's intellectual property rights.

Nintendo does not grant permission to individuals to use any content from this website. Because we receive thousands of such requests, our policy is to decline use of our trademarks and copyright, other than as permitted under these terms and conditions.

The laws of South Africa shall apply to these Terms and Conditions to the exclusion of the UN Sales Convention on Contracts for the International Sale of Goods. If you access this website from the territory of Ireland, certain Irish laws may also apply.

Mobile assets can only be downloaded onto one mobile phone per user. If the user changes the model or make of the mobile phone, NOE does not guarantee that the user will be able to download mobile assets onto the new model. Mobile assets can only be downloaded once (per user).

Wallpapers and animated wallpapers can only be sent to mobile phones with WAP access, colour display and activated WAP Push.

Ringtones can only be sent to mobile phones with WAP access, Realtone support and activated WAP Push.

The download offers are subject to copyright protection law and trademark protection law. Further processing of the download offers purchased by the customer is not allowed.

The download offers may only be used by the customer for private use. Commercial use of the download offers is illegal.

The following Licence Terms apply to any digital online assets and/or software - apart from video games for Nintendo systems - that you receive as Premiums (hereinafter referred to as "Software"):

1. Right to use

By these Licence Terms Nintendo grants to you free of charge and free of any fees the right to use the Software, which is neither freeware nor public domain software, as defined in these Licence Terms.

You shall be entitled to install and apply the Software for private use and for use on a single computer system only.

You may not install, use and/or apply the Software on any form of computer network whatsoever. You may not transfer the utilisation rights or the Software itself, whether in whole or in part, to any other person or hire or lend out the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You shall not be entitled to amend, to further develop, to de-compile or to convert the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

2. Back-up copies

You undertake to make back-up copies of all data stored on your computer system on a regular basis and at reasonable intervals.