Pokemon’s sneaky terms and conditions waive users’ right to sue

BY not reading the terms and conditions of Pokemon Go you have agreed to something troubling and only have 30 days to opt-out.

READING the terms and conditions of every app you download is a tedious task the average punter doesn’t have the time or patience to endure.

The only problem with rushing the sign-up process is you can miss vitally important clauses embedded deep in the often strict terms of service (ToS).

Don’t believe us?

Have a look at what you have agreed to by joining Pokemon Go in a rush because, well, FOMO.

For starters, game developer Niantic can terminate a user’s entire account without warning for a variety of reasons and it doesn’t have to reimburse any money not spent in the game.

While slightly troubling, it has nothing on the “arbitration notice” written in the ToS.

The notice explains that users will waive their rights to a jury trial and prevents them from joining a class action against the developer, unless they explicitly opt out of the agreement.

To be fair, the notice is written in bold and caps, so anyone caught out for not reading only has themselves to blame.

“Arbitration notice: Except if you opt out and except for certain types of disputes described in the“Agreement to Arbitrate” section below, you agree that disputes between you and Niantic will be resolved by binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding,” the notice said.

If you don’t opt out of the agreement, you had better hope nothing goes wrong.

So what exactly does this mean?

If Pokemon Go results in any sort of legal dispute, users are waiving their right to a jury trial, with all matters having to be handle by an arbitrator — an independent person or body officially appointed to settle a dispute.

This option favours the game developer as it provides confidentiality for Niantic’s reputation.

Furthermore, the agreement means users can’t join a class-action lawsuit against the company, even if they are heavily involved with an issue affecting multiple parties.

This option also favours Niantic as users will have to present their case independently, which is far more expensive and requires more resources.

There is a way to opt out of this agreement, but it must be completed within 30 days of joining the app.

“If you don’t provide Niantic with an Arbitration Opt-out Notice within the 30 day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses,” the ToS said.

To retain your rights to jury trial and to join a class action, you should email Niantic at “[e-mail]” with a subject line of “Arbitration Opt-out Notice”.

Alternatively, you can physically write the game developer at “2 Bryant St., Ste. 220, San Francisco, CA 94105.”

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