Odd clause in Pokemon Go's ToS waive your rights to future lawsuit

in #videogames8 years ago

Most people who haven't been living under a rock have heard of the new Pokemon Go game and most people are aware that the app asks for (and usually receives) and ton of permissions from your phone. Understandably, the app wants your location and camera. But it also wants your contacts, permission to read and write to your SD card, full network access , and a ton of information regarding your Google account.
These kind of intrusive permission requests are already enough to deter most intelligent users.. but wait.. there's more! The Terms and Service provided by the app's creator, Niantic Labs, clearly state,

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.

To make a long story short, according to TechCrunch, this means that all Pokemon Go users agree to waive their rights to any future lawsuit regarding the app unless they opt out of the clause by contacting Niantic themselves directly. If you do not do this within 30 days of clicking "Agree", you waive all legal rights regarding Pokemon Go and the data it is potentially harvesting.

Burying important information like this in a lengthy ToS agreement is an issue in and of itself that needs addressing. But this is nothing new and only half the problem. More importantly, why in the world would a company like Niantic Labs include a clause like this to begin with? Are they anticipating there will be issues down the road? Are they worried about their nets catching too much data?

Regardless... as long as people keep using these apps blindly, developers will continue to take advantage of everything you're willing to give them.

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