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Pokemon Go T&Cs strip users of legal rights
techcrunch.com
Players of Pokemon Go are not only giving up their right to act like sane human beings in public, as they walk around, zombie-esque, reaching into the phones held in front of their faces, they are also likely to be waiving legal rights if they don’t take a very close look at Niantic Labs’ Terms of Service for the game.
As spotted earlier by The Consumerist, an arbitration notice states that Pokemon Go users automatically agree to waive their rights to any future trial by jury or class action lawsuit unless they opt out of a binding clause in the T&Cs…
To opt out of the legal rights waiver, users need to email termsofservice@nianticlabs.com or can send regular mail to 2 Bryant St., Ste. 220, San Francisco, CA 94105.
But the opt out process is only valid if exercised within 30 days following the date a user first accepted the T&Cs.
Having a short opt-out window for legal rights embedded within T&Cs which the vast majority of users won’t read before clicking ‘I agree’ and rushing into their neighbor’s garden to try to catch a pikachu is a very aggressive stance.
Binding arbitration means a private dispute resolution process, heard outside a courtroom, with individual users having to mount their own cases — rather than having the ability to band together in a class action, for example, if there is a data breach which affects multiple users in the same way.
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