[Discussion] Clock is ticking or Decision about Waiver for some players / “No class actions” – Updated Terms of Service

Subject
[Discussion] Clock is ticking or Decision about Waiver for some players.

Argh.

These are the only 3x occurrences of “opt out” my browser could locate.

Most companies do not put opt out in the TOS unless made to by law.

Now I have to research what this actually means, and maybe buy postal stamps.

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Postal address

So…is there a class action?

And does this constitute debating disciplinary decisions? :stuck_out_tongue_winking_eye:

If many of us decide to join, i promise i cosplay as Santa and deliver the letters directly on their headquarters in a huge bag with a “Ho-ho-ho! Someone was been naughty this year!”

Who’s in??!!

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Probably not.

But this sounds like a judge’s order because of a previous class action suit.

Class action suits in the US are weird.

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If there is, I wonder which Class brought the action? :thinking:

My bet is Wizards…their talent is the most useless imho :mage:

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Interesting. Funny enough, an excerpt from a website describing Finnish Christmas traditions:

Be sure to check that they are not at the sauna when you plan to arrive. You might be the highlight of their evening, Elpis!

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Oh my god abort mission.
ABORT MISSION NOW!

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bless the internet for having every picture I Google. Now, to delete my search history… again

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Not sure that will get him the Sharon Stone role in the Basic Instinct remake.

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Is there a disclaimer or section for FTP arbitration? :rofl:

Its a long standing trend for companies to put these arbitration clauses in the ToS. I was surprised it wasn’t there before.

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Arbitration

IIRC SGG did not have the Arbitration clause because of the European Economic Area.

Zynga always had the arbitration clause for the US.

Neither surprised me.

Class Action Clause

The clause I am looking at is the Class Action clause which is weird.

It has a separate “Separation of terms” rule ( see notes ).

Which is really really weird in a contract ( see disclaimer).

Notes

Click for notes

TOS

Disclaimer ABA

Replace ABA with Gryphonkit and Gryphonknight.

Replace website with forum posts.

FIN

This is all what I package under Arbitration, and it is common. At least I’ve seen it a lot. They don’t want group negotiations and want to force everything through arbitration - normally through arbiters that are favorable to business and not consumers.

In fact consumer org in the US have been up in arms about these clauses for years.

Shag that - go go go (and bring your swim trunks… or don’t!)

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I found it.

New 2019-Apr-24 US Supreme Court ruling

(https://www.sandsanderson.com/news/2019/04/25/supreme-court-closes-the-door-mostly-to-class-action-arbitrations/)

SGG did not update its TOS, probably to save legal fees and due to the ( then ) upcoming buy out by Zynga.

Wait, what?! What is there to be afraid of?

Could it be possibly related to a phrase starting with L and ending with Box? :wink::rofl::joy:

Look, half-jokes aside I don’t know about you but I find this to be a very, very strange clause.

It may be a Zynga (or perhaps, excuse my ignorance, industry) gold standard but it’s bizzare and seems contrary to the spirit of the law. Why would we forfeit our right to a class action?

SG may find me a nuisance raising this thread but I think we should understand why we are signing up to this.

Clause extracted below

@Gryphonknight
@Elpis
@MysterySpin
@littleKAF
@zephyr1
@General_Confusion
@kwong79

No Class Actions

By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you, Zynga, and the Zynga Corporate Family all agree that the parties can only bring a claim against each other on an individual basis.

That means:

  • The parties agree that neither you nor Zynga nor any member of the Zynga Corporate Family can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action.
  • The parties agree that the arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class, or representative arbitration proceeding (unless the parties all agree to change this).
  • The parties agree that the arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Zynga players, and cannot be used to decide other disputes with other players.

If this subsection on “No Class Actions” is found to not be enforceable or valid, then the entire Section 15 (Agreement to Arbitrate and Class Action Waiver) will be null and void (i.e., go away). But the rest of the Terms, Feature Terms, and Community Rules will still apply.

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As I mentioned in the other thread, this is very common for any company providing a service. If you are in the US and read your ToS for your cell provider and cable provider I’m sure you will find very similar language…and if you have a credit card they all have such language. Most don’t offer opt outs…that is the odd thing…

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There was a lawsuit earlier this year against Epic Games over their “predatory” loot boxes.

More will follow, so if I have a game with loot boxes. I would want this agreement too.

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I hear ya, but based on my experience these self serving clauses don’t always stack up in court

I think a reasonable court would see right through it and adopt a construction that favours one where the parties couldn’t reasonably have intended to forfeit their right to a legitimate cause of action that arose before or after clicking on the terms…

Not from USA here of course but it’s common sense - - no doubt some of these class actions still get up even in the face of those sorts of clauses

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