Welcome to Mii Station's Make Mii!

Welcome to the Mii Station web site, which is located at miistation.com (the "Web Site"). The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Web Site and MiiStation.com Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the MiiStation.com Service. Use of the MiiStation.com Web Site constitutes acceptance of these TOS.

MiiStation.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "MiiStation.com Service"). One such service enables a user to upload a personal photo and to have a Mii created that resembles the individual in the photo. MiiStation.com may offer a number of other services on its Web Site, such as message boards, contests, newsletters, and customized merchandise and clothing (collectively, "Products"), which may change from time to time.

2.1 Eligibility. MiiStation.com will only knowingly provide the MiiStation.com Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, you may use the MiiStation.com Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS.

2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the MiiStation.com Service and the Web Site.

2.3 Your License to Use the Web Site and the MiiStation.com Service.

(a) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 4.

(b) All referenced company and product names are trademarks, registered trademarks or copyrights of their respective holders. MiiStation.com solely and exclusively owns all other intellectual property and other rights, title and interest in and to the MiiStation.com Service and Web Site, except as expressly provided for in these TOS.

(c) MiiStation.com grants you a limited revocable license to access and use the Web Site and the MiiStation.com Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by MiiStation.com; to compete with MiiStation.com; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, MiiStation.com may revoke the license granted to you.

2.4 Third-Party Services. MiiStation.com may use third parties to provide certain services accessible through the Web Site. MiiStation.com does not control those third parties or their services, and you agree that MiiStation.com will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with MiiStation.com's TOS, agreements or policies, you must comply with MiiStation.com's TOS, agreements or policies, as applicable.

You may only use the MiiStation.com Service as expressly permitted by MiiStation.com. You may not cause harm to the Web Site or the MiiStation.com Service. Specifically, but not by way of limitation, you may not: (i) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the MiiStation.com Service; (ii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iii) collect electronic mail addresses or other information from third parties by using the MiiStation.com Service; (iv) impersonate another person or entity; (v) use any meta tags, search terms, key terms, or the like that contain MiiStation.com's name or trademarks; (vi) engage in any activity that interferes with another user's ability to use or enjoy the MiiStation.com Service; or (vii) assist or encourage any third party in engaging in any activity prohibited by these TOS.

4.1 Description. As part of the MiiStation.com Service, MiiStation.com offers a service (the "Make Mii Service") that allows you to upload a personal photo ("Your Photo") to the Web Site to have a Mii which resembles, at MiiStation.com's discretion, the individual in the photo.

4.2 Delivery of Your Photo. You will upload to MiiStation.com a photo that you want to use with the Make Mii Service in accordance with the applicable instructions on the Web Site. MiiStation.com may, in its sole and exclusive discretion, determine whether Your Photo complies with such instructions and is satisfactory for use with the Make Mii Service.

4.3 Licensing Your Photo to MiiStation.com. You hereby grant to MiiStation.com a royalty-free, worldwide, transferable, nonexclusive, right and license to use Your Photo for the sole purpose of allowing MiiStation.com to provide the Make Mii Service.

4.4 Licensing Your Mii to MiiStation.com. You hereby grant to MiiStation.com a royalty-free, worldwide, transferable, nonexclusive, right and license to use the Mii MiiStation.com creates, in all media existing now or created in the future.

When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant MiiStation.com permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that MiiStation.com will have no obligation to keep any Submissions confidential. You will not bring a claim against MiiStation.com based on "moral rights" or the likes arising from MiiStation.com's use of a Submission. This Section does not apply to Your Photo that you use in connection with the Make Mii Service.

Personal information MiiStation.com collects will only be used for MiiStation.com's internal purposes, such as providing, maintaining, evaluating, and improving the MiiStation.com Services and the Website, fulfilling requests for information, producing and shipping products, and providing customer support. MiiStation.com will never disclose any personal information to third parties without first receiving permission from the owner. In order to provide the Make Mii Service, MiiStation.com requires that you follow the applicable instructions on the Web Site. This includes, but is not limited to, the exchange of Wii IDs in order to facilitate delivery of your Mii. MiiStation.com will never disclose a Wii ID to third parties, and you must agree never to disclose any Wii IDs you may receive from MiiStation.com.

MiiStation.com may modify the MiiStation.com Service at any time with or without notice to you, and will incur no liability for doing so.

You represent and warrant to MiiStation.com that, in your use of the MiiStation.com Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to MiiStation.com that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your submissions; (ii) MiiStation.com will not be required to make any payments to any third party in connection with its use of your Content.

8a.1 DISCLAIMER OF WARRANTIES. MIISTATION.COM PROVIDES THE WEB SITE AND MIISTATION.COM SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIISTATION.COM DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, MIISTATION.COM SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. MIISTATION.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

8a.2 EXCLUSION OF DAMAGES. MIISTATION.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE MIISTATION.COM SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED $0.

You must indemnify and hold MiiStation.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS through any act or omission. If you have to indemnify MiiStation.com under this Section, MiiStation.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without MiiStation.com's express written permission.

MiiStation.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the MiiStation.com Web Site. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the MiiStation.com Service. Your continued use of the MiiStation.com Web Site following posting of a change notice or new TOS on the MiiStation.com Web Site will constitute binding acceptance of the changes.

Welcome to Mii Station!

MiiStation.com Terms of Service

Effective Date: February 3, 2007