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Pokémon Go is everywhere. Let's be honest: It's probably open on your phone right now. But before you set off to catch a Charmander, you might want to read up on your rights—or rather, the ones you signed away when you agreed to the game's terms of service. Among them: the right to join a class action lawsuit—or even mount a trial-by-jury challenge—against game maker Niantic.
That's right. Tucked away among that long (and boring) legal jargon that no one really reads is a provision that protects Niantic from unhappy consumers who might want to launch a class action lawsuit, according to The Consumerist. The provision also forces consumers to give up their right to a jury trial against the game maker.
Instead, users must settle any disputes in a binding arbitration—a closed-door procedure that rarely favors individuals. In arbitration, you must mount your own case, with the legal and financial responsibility to pursue it falling solely to you. Whether you win the case depends on the arbitrator's decision—a decision that you cannot appeal, even if the arbitrator makes a mistake.
Even if there's a case that affects hundreds or thousands of users—say, a huge data breach that leaks your personal and valuable information worldwide—you wouldn't be able to join forces with those other users to fight back.
"Rather than have to answer for the totality of the error, the company would only have to face those few users who take the time—and have the resources—to bring a case before an arbitrator," The Consumerist explains.
Of course, if you've yet to agree to the game's terms of service—or did so within the last 30 days—you can still avoid being bound by Pokémon Go's legal terms. How? By opting out via email. Simply send a message titled "Arbitration Opt-out Notice" to termsofservice@nianticlabs.com and, as The Consumerist advises, "[make] a clear declaration that you are opting out of the arbitration clause in the Pokémon Go terms of service" in the body of your message.
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Source: http://www.glamour.com/story/if-you-play-pokemon-go-you-probably-signed-away-an-important-legal-right
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