Nintendo doesn't control the servers, smileBoom does.
Its M-rated, huh...
Well...
1)If there's nothing sexual or offensive in it
2)If there's no copyrighted material(not mechanics)
That's 2 reasons why a program might be exiled.
But then again you can just make it for your own personal enjoyment.
Also go to petit proffesor 3d on youtube and learn from him, don't have to copy him, (cont.)
You can't use the aesthetics for the game, but you can have the mechanical aspects of the game, so just change the look and maybe have smileBasic chrs and bg in it instead.