"Except for Claims (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, anti-circumvention, or moral rights, but not including its privacy or publicity rights) ..."

So in other words, the types of matters Nintendo thinks it might have a dispute against users, court and class actions are okay, but for everything that they think users might file against Nintendo, they think arbitration is best.