nieuws
Nieuwe Pokémon GO Terms of Service bevatten twee grote wijzigingen

Spelers die de afgelopen dagen Pokémon GO hebben opgestart, zullen gemerkt hebben dat er nieuwe Pokémon GO Terms of Service zijn. Op deze website kun je het verschil tussen de vorige ToS en de nieuwe controleren. Wij hebben echter de twee grootste wijzigingen er uitgehaald voor jullie:

 Niantic is niet verantwoordelijk voor verlies van je account

Niantic is not responsible for any losses or harm you may suffer as a result of an unauthorized person accessing your Account and/or using your login in connection with our Services.

In de bovenstaande tekst geeft Niantic aan dat het niet verantwoordelijk is wanneer iemand toegang krijgt tot jouw account zonder dat jij dit hebt gewild. Opmerkelijk genoeg staat er niet bij dat het jouw fout moet zijn. Dus ook wanneer Niantic een fout maakt lijkt dit zo te zijn (dit is geen feit, maar een aanname op basis van de tekst die gebruikt wordt).

Niantic wil zich beschermen tegen rechtzaken

13. Arbitration Agreement

13.1 Applicability of Arbitration Agreement
If you live in the US or another jurisdiction which allows you to agree to arbitration, you and Niantic agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Services or of the Sites, any products sold or distributed through the Sites, the Services, or the Terms and prior versions of the Terms (each, a “Dispute”) will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause (b), an “IP Protection Action“). Notwithstanding this Arbitration Agreement, each of us may bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its IP addresses, products, and Services. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms.

13.2 Informal Dispute Resolution
There might be instances when a Dispute arises between you and Niantic. If that occurs, Niantic is committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. You and Niantic agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Niantic agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to termsofservice@nianticlabs.com or regular mail to our offices located at 1 Ferry Building, Suite 200, San Francisco, CA 94111. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Dispute. Niantic will send a Notice and a description of the Dispute to your email address or regular address associated with your Account. It is your responsibility to keep your contact information up to date. The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties otherwise agree. If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

13.3 Waiver of Jury Trial
YOU AND NIANTIC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Niantic are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in subsection 13.1 above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

13.4 Waiver of Class and Other Non-Individualized Relief
EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection below entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Niantic agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts specified in subsection 13.10 below. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Niantic from participating in a class-wide settlement of claims.

13.5 Arbitration Rules and Forum
The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution does not resolve the Dispute in a satisfactory manner within forty-five (45) days after receipt of a Notice, you and Niantic agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Supplemental Rules for Mass Arbitration Filings (the “NAM Mass Filing Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
The arbitration will be conducted in the English language by a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. If an in-person hearing is required, it will be held in the county where you live (for US residents), San Francisco, California (for non-US residents), or as determined by the arbitrator (in the case of Batch Arbitration (defined below)). Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM Rules.
You and Niantic agree that all materials, documents, information, and communications of any kind relating to the arbitration, as well as all other information pertaining to the existence, progress, or outcome of the arbitration, shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
You and Niantic agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

13.6 Arbitrator
The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the NAM’s roster of arbitrators, provided that if the Batch Arbitration process as defined below is triggered, NAM will appoint the arbitrator for each batch. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Request, then NAMwill appoint the arbitrator in accordance with the NAM Rules, provided that if the Batch Arbitration process as defined below is triggered, NAM will appoint the arbitrator for each batch.

13.7 Authority of Arbitrator
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding subsection 13.4 entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of that subsection is unenforceable, illegal, void or voidable, or that that such has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator’s award of damages must be consistent with the terms of Section 12 “Limitation of Liability” as to the types and amounts of damages for which a party may be held liable. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

13.8 Attorneys’ Fees and Costs
The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

13.9 Batch Arbitration
To increase the efficiency of administration and resolution of arbitrations, you and Niantic agree that in the event that there are ten (10) or more individual Requests of a substantially similar nature filed against Niantic by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period (or as soon as possible thereafter), NAM shall (1) administer the arbitration demands in batches of 100 Requests per batch (or, if between ten (10) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Niantic.
You and Niantic agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, except as expressly set forth in this provision.

13.10 Governing Law and Exclusive Venue
To the limited extent that these Terms allow you or Niantic to initiate litigation in a court instead of arbitration, other than for small claims court actions, both you and Niantic agree to the exclusive jurisdiction of and venue in the state and federal courts located in the Northern District of California. Each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms and your use of the Services are governed by the laws of the State of California, excluding its conflicts-of-law rules.
If you are resident in a member state of the EEA, the United Kingdom, or a jurisdiction in which consumer arbitration is prohibited by local law, the Arbitration Agreement does not apply to you. Because your contract is between you and Niantic International Limited, a company registered to do business under the laws of the United Kingdom, we each agree that the Terms and any disputes between us will be exclusively governed by English law, and exclusively decided in the courts of London, U.K., except to the extent prohibited by law.
If you are an individual consumer, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country. If Niantic needs to enforce its rights against you as an individual consumer in the EEA, the United Kingdom, or a jurisdiction in which consumer arbitration is prohibited by local law, we will do so only in your country of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

13.11 Changes to Dispute Resolution
if Niantic makes any material changes to this “Arbitration Agreement”, we will notify you. Any such change shall not apply to any claim that was filed in a legal proceeding against us or you prior to the effective date of the change. You should also periodically review these Terms at https://nianticlabs.com/terms. Unless you reject the change within thirty (30) days of such change become effective by writing to Niantic at termsofservice@nianticlabs.com, your continued use of the Sites and/or Services, including the acceptance of products and Services offered on the Sites following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of any previous Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Sites, any products sold or distributed through the Site, the Services, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Niantic will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

13.12 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to termsofservice@nianticlabs.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Any opt out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third party purporting to act on your behalf will have no effect on your or Niantic’s rights. Your notice must include your name and address, the email address you used to set up your Niantic account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

13.13 Invalidity, Expiration
Except as provided in subsection 13.4 entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Niantic as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

We zijn geen advocaat, rechter of expert op het gebied van ToS, maar dit gaat over bescherming tegen rechtszaken. Er staat voornamelijk dat je niet deel mag nemen aan massaclaims en dat eventuele rechtszaken altijd via een kleine lokale rechtbanken moet. Daarnaast zal er eerst gekeken moeten worden of er een gezamenlijke oplossing gevonden kan worden.

Niantic laat echter ook weten dat dit voor de VS geldt (in de eerste alinea, waardoor onduidelijk is of dit voor alles is) en als je het er niet mee eens bent kun je naar termsofservice@nianticlabs.com mailen om hier niet aan te hoeven voldoen.

We beseffen ons dat het vooral heel onbegrijpelijk is. We hopen dan ook vooral dat jullie er iets aan hebben. Dit soort ToS zijn vaak schrikken, maar niets geks in de wereld van games. Daarnaast gelden (gelukkig) in Europa vaak andere regels omdat de EU heel veel doet om haar inwoners te beschermen. Daarom kan het dus goed dat het tweede gedeelte vooral voor Amerikanen geldt, het land waar aanklagen dagelijkse kost is voor veel inwoners.

Wil je een Pokémon GO Plus + kopen? Koop hem dan via deze link en steun NWTV zonder dat jij meer betaalt. Je doet dit dan bij Bol. 

Voor het laatste Pokémon-nieuws kun je terecht op onze website en op Facebook, WhatsApp en Telegram. Vind je het leuk om Jeffry te volgen, doe dat dan via TikTok of via Instagram! Daar wordt zelfs een Nintendo Switch weggegeven. Word hier lid van onze Disney-groep en maak kans op kaarten voor Disneyland Paris.