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!”
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.
Could it be possibly related to a phrase starting with L and ending with Box?
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.
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.
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…
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