If you install unauthorized applications or content on your Nintendo 3DS System or make unauthorized modifications to the Nintendo 3DS System, your PII may be compromised. Nintendo is not responsible for any data collection, use or disclosure from any Nintendo 3DS System with unauthorized applications or applications installed.
http://www.nintendo.com/consumer/systems/3..._na/parents.jsp
In the code of conduct the following things are said:
QUOTE said:
Making, disseminating, sharing or playing unauthorized copies of games, music or images on the Nintendo 3DS System. This activity is illegal!
And if you break the code of conduct.. This is the response:
QUOTE
Nintendo reserves the right to immediately terminate, block or suspend, in whole or in part, your use of the Nintendo 3DS Service or any feature of the Nintendo 3DS System for, in Nintendo’s sole discretion, any violation of this Nintendo 3DS Code of Conduct. Nintendo reserves the right to contact and cooperate with any law enforcement agencies, government officials or Internet Service Providers, as Nintendo believes in its sole discretion, is necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law.