EULA

WIILINK SERVICES END-USER LICENCE AGREEMENT

Last Updated: 30 December 2023

This Agreement is between you (the End User) and WiiLink (the Licensor) and covers the use of the WiiLink Service.

If you are under the age of 18, you must find a legal guardian or parent to read and accept the agreement.

WiiLink is referred to as "we" or "us". You may not use any of the WiiLink Software if you do not agree to the terms of this Agreement. By downloading and/or using any of the Services or Software provided by WiiLink that falls within the scope of use of the WiiLink Service, and any updates thereto (as permitted by this User Agreement), you acknowledge your agreement to be bound by all of the terms and conditions herein, and your acceptance of this User Agreement. An online version of the Agreement is available at the following address: https://www.wiilink24.com/eula.


Section I: DEFINITIONS

"Nintendo" refers to Nintendo Co., Ltd, Nintendo of America, Nintendo of Europe, Nintendo of Japan, Nintendo Australia, or any other subsidiary or otherwise affiliated company.

"Nintendo Content" refers to any and all software and content, including applications, referred to as "Channels", that Nintendo owns or has obtained the right to use, distribute or sublicense.

"WiiLink services" or "the Service" refers to the services and content that WiiLink offers through Nintendo Content, such as the Food Channel (Demae Channel), the News Channel or the Mii Contest Channel, among others.

"Wii Console" refers to the video game system (including the Wii Remote) sold and marketed by Nintendo under the "Wii" brand, including any subsequent and compatible hardware.

"Discord" refers to the instant messaging and VoIP platform accessible via browser, PC and mobile devices, which is owned and operated by Discord, Inc.

“Nintendo IP” refers to all intellectual property associated with the Wii Console and the Wii Network Services, including but not limited to trademarks, service marks, logos, designs, copyrights, inventions, patents, trade secrets, knowledge and other confidential and proprietary information which Nintendo has developed, owns, or is granted a licence to use.

“Third-Party Data” means content or other software, services, material, messages (including commercial and non-commercial messages), links to Internet sites, and other data either created by, or sent to, your Wii Console through the Wii Network Service by any non-Nintendo entity or person (including yourself).

"Wii Message Board" refers to the Wii Console menu's functionality for creating, displaying and sending messages or viewing game history.

Lastly, "User Agreement" refers to the present document.


Section II: LICENCE INFORMATION

Article I: GRANT OF LICENCE

We grant you a personal, limited, non-exclusive, revocable licence to use the WiiLink Services in accordance with the User Agreement. Specifically:

- You are responsible for anyone using the WiiLink services through your Wii Console (whether or not you have given them permission to do so), and you must ensure that they understand and comply with the terms of this agreement.

- You may not use the WiiLink Services for any commercial or unlawful purpose, in any way that may adversely affect any other individual or company, or in any unauthorised or improper manner as we may specify from time to time in the User Agreement, the WiiLink Code of Conduct, or otherwise.

- The User Agreement must not be interpreted as invalidating or limiting Nintendo's terms and conditions or other Third Party Data agreements, and must be followed accordingly.


Article II: UPDATES/CHANGES TO THE LICENCE OR SERVICE
You understand that WiiLink services are continuously under evolution, and that the services offered may be updated or changed at any time. In this case, we will announce these updates in an announcement channel via the Discord communication service.
In addition, the User Agreement may change in the future, in which case it will continue to apply to the WiiLink Services unless explicitly stated otherwise. By accepting this User Agreement at this time, you choose to accept all changes thereto until an explicit revocation of the acceptance is made by you.

Article III: INTELLECTUAL PROPERTY
The code for the WiiLink Services is based on reverse engineering of legitimate files and packet dumps. Please refer to the licence for the specific repository on how this code may be legally used.
The names of Nintendo Content are the intellectual property of Nintendo and do not belong to WiiLink.

Article IV: WARRANTY DISCLAIMER
With the exception of those represented in this Agreement, we provide all WiiLink Services "AS IS". Except as set forth in this Agreement, WiiLink makes no other warranties, expressed or implied, and hereby disclaims all implied warranties, including any of merchantability and of fitness for a particular purpose. WiiLink is NOT responsible for any possible damages that may occur to your Wii Console as a result of the use and installation of WiiLink Content as expressly covered by this Agreement.
You agree to renounce any right to claim damages or losses caused to you or related to your inability to use the WiiLink Service and/or your Wii Console, or to any other person using the WiiLink Service through your Wii Console.

Article V: EXPIRATION AND TERMINATION OF AGREEMENT
- You may terminate this agreement by removing all WiiLink content from your Wii console, discontinuing use of the WiiLink Service.

- We may terminate this agreement, or any part thereof, at any time and for any reason.

- In the event of termination or cancellation of this agreement, articles 2.3, 2.4, 2.6 and 4.2 shall remain in effect.


Article VI: SALE, TRANSFER, AND ASSIGNMENT PROHIBITED
You are not authorised to assign all or any part of this agreement or to sell the content to a third party. Any attempt by you to do so is a breach of this agreement. WiiLink is a free service and will remain so at all times. If you paid to use this service, you have been defrauded.

Article VII: APPLICABLE LAW
This User Agreement is governed by the laws of Canada, excluding its conflict of law rules.

Article VIII: LICENCE CONTACT INFORMATION
Should you require clarification of this licence or have any concerns about it, you may contact us at the following e-mail address: [email protected].


Chapter III: Our Usage of Your Data

Article I: THIRD-PARTY DATA
We are not responsible for any Third-Party Data or for any action you may take relating thereto (including but not limited to modifying, distributing, or posting Third-Party Data). All Third-Party Data is the sole responsibility of the creator or sender of that Third-Party Data. We are unable to monitor, supervise, store, or support Third-Party Data or respond to complaints relating to Third-Party Data.

Article II: PROTECTION OF PERSONAL INFORMATION
We are committed to protecting the privacy and security of your personal information. Your use of the WiiLink Service is subject to the WiiLink Privacy Policy, which applies to information given or collected through the WiiLink Service. The most current version of the WiiLink Privacy Policy can be found online at the following website: https://www.wiilink24.com/privacy-policy. Due to the nature of the data that is collected on some services, you may not use the WiiLink Services if you are under the age of 13.


Chapter IV: YOUR USAGE OF THE SERVICE

Article I: CODE OF CONDUCT
Your use of the WiiLink Service is subject to the WiiLink Code of Conduct, which prohibits all harmful, illegal or offensive acts. The most current version of the WiiLink Code of Conduct can be found online at the following website: https://www.wiilink24.com/code-of-conduct.

Article II: CUSTOMER SERVICE/NOTICES
If your experience with the Service is not satisfactory, or if you would like to otherwise contact us, please join our Discord server at: https://discord.gg/wiilink. If you choose not to use Discord, you can send us an e-mail at the following address: [email protected].
The End User acknowledges that WiiLink has no obligation to provide support services to the End User, and that such support services are provided on a case-by-case basis.

Article III: WIILINK MESSAGES
By using our DNS code, you agree to receive non-commercial messages from WiiLink to the Wii Message Board from time to time. If you wish to continue to use the WiiLink service but would prefer not to receive these messages, please do not use our DNS code.