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If your 3DS breaks, send it back to Nintendo and they will either repair it or transfer the data to a new system. That won't really be an issue for you if it happens.

If your 3DS is stolen, your boned. You'll need to file a police report and hope Nintendo reimburses you for the amount you claim. I heard one person claimed $400 in lost software, got $200 back, so you'd probably want to be dishonest here to ensure Nintendo gives you the full amount you lost. It would be smart if you registered everything with your club nintendo account as well.

This is why Nintendo NEEDS a proper, multisystem account system....