

“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.
Cloudflare are notorious for shielding cybercrime sites. You can’t even complain about abuse of Cloudflare about them, they’ll just forward on your abuse complaint to the likely dodgy host of the cybercrime site. They don’t even have a channel to complain to them about network abuse of their DNS services.
So they certainly are an enabler of the cybercriminals they purport to protect people from.