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behaviour is considered utterly unacceptable in case of serious violations of the nintendo code of conduct and other important provisions of this agreement .
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nintendo may also terminate this agreement , or any part of this agreement , at any time , for legal , technical or commercial reasons .
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in this case , we will provide you with reasonable advance notice .
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the termination of this agreement for any reason will lead to the termination of any licences granted under the agreement and will prevent your use of the nintendo account service , including , but not limited to , nintendo shopping services .
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the termination of a part of this agreement may limit your use of selected applications and functionalities of the nintendo account service .
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you agree that any termination of your nintendo account may also affect any associated nintendo accounts as described in article 2 .
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if this agreement is terminated for any reason , articles 8 , 9 , 10 , 13 and 14 will remain in effect .
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either of ncl or noe may transfer in its sole discretion the entire contractual relation with you under this agreement , or parts thereof , to the respective other affiliated nintendo company -rrb- .
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you will be informed of such transfer at least one month in advance .
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if any part of this agreement is found to be invalid or unenforceable , that part of the agreement will no longer apply .
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you agree that the invalid part will be considered deleted from the agreement , but that all other parts of the agreement will remain in effect .
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you further agree that we may replace the invalid part by a provision which reflects or comes closest to the initial intention .
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14.1 except to the extent expressly provided in section 14.2 , this agreement and the relationship between you and ncl shall be governed by the laws of japan , to the exclusion of the un sales convention on contracts for the international sale of goods .
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for the avoidance of doubts , this does not affect the applicability of mandatory statutory laws such as consumer protection laws of your country of residence .
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14.2 the relationship between you and noe , in particular when acquiring digital products via the nintendo shopping services from noe , shall be governed by the laws of germany , to the exclusion of the un sales convention on contracts for the international sale of goods .
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for the avoidance of doubts , this does not affect the applicability of mandatory statutory laws such as consumer protection laws of your country of residence .
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if you have any questions about this agreement , please contact us by email : service@nintendo.de .
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16 use of digital products on apple 's devices
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if you use the digital product on a device provided by apple , inc. -lrb- `` apple '' -rrb- , the following applies :
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16.1 the digital product should be used in line with the app store terms of service .
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16.2 the parties acknowledge that apple has no obligation to furnish any maintenance or support services with respect to the digital product .
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16.3 the parties acknowledge that apple bears no responsibility for any claims that the use of the digital product infringes the intellectual property rights of third parties .
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16.4 you represent and warrant that you do not live in a us export-embargoed country or a country designated as a `` terrorist supporting '' country by the united states government , and that you are not on the list of people barred or excluded from the united states .
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16.5 the parties acknowledge and agree that apple and apple 's subsidiaries are third party beneficiaries of this agreement and apple will have the right -lrb- and will be deemed to have accepted the right -rrb- to enforce the agreement against you as a third party beneficiary thereof .
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nintendo account services may offer access to nintendo shopping services .
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you can use nintendo shopping services to acquire digital products from noe , free of charge or against payment , as well as to download and use digital products on your user device and/or via nintendo account services .
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all sales through nintendo shopping services are made by noe and noe is the seller to you .
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in order for you to download and use digital products via the nintendo shopping services , a licence for the respective digital product needs to be registered .
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the licence for digital products may be acquired in various ways , subject to availability in your country .
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if the licence for a digital product is offered free of charge by noe in nintendo shopping services , the licence will be registered to your nintendo account after you have submitted the respective order in nintendo shopping services .
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except as otherwise provided , if the licence for a digital product is offered for purchasing in nintendo shopping services by noe , the licence will be registered to your nintendo account after you have submitted the respective order in nintendo shopping services and made the payment to noe .
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the licence for a digital product may also be purchased or acquired outside of nintendo shopping services .
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in this case , you will be informed about the applicable process to register the licence for a digital product to your nintendo account .
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except as otherwise provided , the licence for a digital product is tied to your nintendo account and allows you to use the digital product only on one user device you have linked to your nintendo account and to which the digital product has been downloaded .
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except as otherwise provided , all users on your linked user device may use the respective digital product .
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if noe offers a license for a digital product for download and use on a nintendo 3ds system or wii u console for purchasing in nintendo shopping services , a nintendo network id is required and the license for the respective digital product is registered and tied to your nintendo network id .
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in this case , the nintendo network agreement and nintendo network privacy policy you accepted when registering a nintendo network id apply to your download and use of the digital product .
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important : ncl will solely provide the technical infrastructure to enable you to register the licence to your nintendo account .
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however , ncl is not the seller .
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any digital products registered to your nintendo account and any updates of such digital products are licensed only for personal and non-commercial use on a user device .
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digital products must not be used for any other purpose .
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in particular , without noe 's written consent , you must neither lease nor rent digital products nor sublicense , publish , copy , modify , adapt , translate , reverse engineer , decompile or disassemble any portion of digital products other than as expressly permitted by applicable law .
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the currency that is sold by noe via nintendo shopping services for use in a digital product or any other digital item that you may acquire within a digital product -lrb- the `` virtual items '' -rrb- is made available to you as a digital content in the form of a license -lrb- right -rrb- to trade or exchange for other digital content within the digital product .
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the virtual items , as well as other digital content traded or exchanged for virtual items can only be used within the respective digital product , can not be transferred to a third party -lrb- unless a transfer is permitted within the digital product -rrb- and can not be exchanged for legal tender or any item or right outside of the digital product .
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in the event of a defect the statutory provisions shall apply .
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if an additional manufacturer 's warranty applies , any claims based on a manufacturer 's warranty are irrespective of any statutory rights you may have .
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noe may offer various payment methods , subject to availability in your country .
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noe may allow you to upload and use funds to make the payment for digital products that you purchase from noe in nintendo shopping services .
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funds may be uploaded to your wallet by using a credit card or any other payment method accepted by noe , by inserting a digital code printed on a nintendo eshop card available in retail , or by any other method communicated by noe .
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funds are tied to your wallet and can not be transferred to any other person or entity .
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funds are non-refundable and can not be exchanged for cash or credit .
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funds can only be used to purchase digital products from noe in nintendo shopping services .
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noe may , in its sole discretion , restrict the maximum amount of funds that may be uploaded to your wallet .
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you are responsible for any use of funds stored in your wallet .
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in case you acquire the licence for a digital product from any third party , the third party will inform you about the applicable payment method .
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for any transactions in nintendo shopping services you will receive an electronic receipt confirming the transaction .
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this receipt will be sent to you via email .
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if you set up an associated nintendo account for your child below the age of 13 , the receipt for any transactions that take place through the child 's nintendo account will be sent to your email address .
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nintendo account services may offer access to shopping services operated by third parties .
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third-party shopping services are offered by third parties at the sole responsibility of third parties .
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nintendo neither becomes a party nor participates in any other way in any contract you may conclude with a third party through such third-party shopping services .
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products that you may acquire via third-party shopping services are not registered to your nintendo account .
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nintendo assumes no liability in respect of third-party shopping services .
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third-party shopping services are subject to terms and conditions provided by the respective third parties .
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6 information about online dispute resolution and alternative dispute resolution for consumers
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the eu-commission has established an online platform for the resolution of disputes between traders and consumers -lrb- odr-platform -rrb- .
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the odr-platform is accessible via https://ec.europa.eu/consumers/odr/ .
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noe is not obliged to participate and is currently not participating in alternative dispute resolution proceedings before a consumer arbitration body .
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instructions for right to cancel -lrb- of a transaction in nintendo shopping services -rrb-
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you have the right to cancel this contract within 14 days without giving any reason .
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the cancellation period will expire after 14 days from the day of the conclusion of the contract .
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to exercise the right to cancel , you must inform us -lrb- nintendo of europe gmbh , herriotstrasse 4 , 60528 frankfurt am main , germany , fax number : +49聽69聽667747 95412 , telephone number : for the uk and ireland : +44 345 60 50 247 / for other eu countries and south africa : +49聽69聽667747 5412 , email : for the uk and ireland : customer-support@nintendo.co.uk / for other eu countries and south africa : eshopservice@nintendo.de -rrb- of your decision to cancel this contract by a clear statement -lrb- e.g. a letter sent by post , fax or email -rrb- .
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you may use the attached model cancellation form , but it is not obligatory .
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to meet the cancellation deadline , it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired .
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if you cancel this contract , we will reimburse to you all payments received from you , including the costs of delivery -lrb- except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us -rrb- .
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we will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract .
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we will make the reimbursement using the same means of payment as you used for the initial transaction , unless you have expressly agreed otherwise ; in any event , you will not incur any fees as result of the reimbursement .
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if you requested to begin the performance of services during the cancellation period , you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract , in comparison with the full coverage of the contract .
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the cancellation right expires earlier in respect of the contracts listed below :
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contracts for the supply of digital content : where we supply digital content not on a tangible medium , the cancellation right expires if we have begun our supply of the digital content after you have expressly consented that we can begin the supply before the cancellation period ends , and you have acknowledged that you lose your right to cancel the contract in this circumstance ;
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service contracts : the cancellation right expires earlier if the service has been fully performed by us , the performance of the service began with your prior express consent , and you acknowledged that you lose your right of cancellation once the contract has been fully performed .
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-lrb- if you want to cancel the contract please complete and return this form . -rrb-
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- to nintendo of europe gmbh , herriotstrasse 4 , 60528 frankfurt am main , germany , fax number : +49聽69聽667747 95412 , email address : for the uk and ireland : customer-support@nintendo.co.uk / for other eu countries and south africa : eshopservice@nintendo.de
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i/we -lrb- * -rrb- hereby give notice that i/we -lrb- * -rrb- cancel my/our -lrb- * -rrb- contract of sale of the following goods -lrb- * -rrb- / for the provision of the following service -lrb- * -rrb- :
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- ordered on -lrb- * -rrb- / received on -lrb- * -rrb- ;
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- name of consumer -lrb- s -rrb- ;
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- address of consumer -lrb- s -rrb- ;
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- signature of consumer -lrb- s -rrb- -lrb- only if this form is notified on paper -rrb- ,
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notice to california subscribers : you may cancel your subscription , without penalty or obligation , at any time prior to midnight of the third business day following the date you subscribed .
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if you subscribed using your apple id , refunds are handled by apple , not tinder .
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if you wish to request a refund , please visit https://getsupport.apple.com .
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if you subscribed using your google play store account or through tinder online : contact customer support
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key changes in this version : we 've included a legal notice required under california law regarding refunds and updated our legal name to match group , llc
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for a summary of our terms of use , go to summary of terms .
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welcome to tinder , operated by match group , llc -lrb- `` us , '' `` we , '' the `` company '' or `` tinder '' -rrb- .
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acceptance of terms of use agreement .
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by creating a tinder account or by using the tinder imessage app -lrb- `` tinder stacks '' -rrb- , whether through a mobile device , mobile application or computer -lrb- collectively , the `` service '' -rrb- you agree to be bound by -lrb- i -rrb- these terms of use , -lrb- ii -rrb- our privacy policy and safety tips , each of which is incorporated by reference into this agreement , and -lrb- iii -rrb- any terms disclosed and agreed to by you if you purchase additional features , products or services we offer on the service -lrb- collectively , this `` agreement '' -rrb- .
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if you do not accept and agree to be bound by all of the terms of this agreement , please do not use the service .
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we may make changes to this agreement and to the services from time to time .
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we may do this for a variety of reasons including to reflect changes in or requirements of the law , new features , or changes in business practices .
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