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Nintendo of America's new user license contains some gross things. Insider Gaming Article.
"The new section in the agreement makes users agree that they will resolve all arbitration with Nintendo “solely on an individual basis” and “not as a class arbitration, class action or any kind of representative proceeding”. By agreeing to section 16, both Nintendo and the user will waive “the right to trial by jury”. "
"Users can opt out of the arbitration requirement of section 16 in Nintendo’s EULA by sending a written notice to Nintendo of America’s address in Washington within 30 days of agreeing to the EULA."
Immediately reminded me of what happened last year with Disney. Where they said someone couldn't sue for the wrongful death of their wife at one of their parks because he had a disney+ account and the agreement prevented it. Disney claims husband can't sue over wrongful death - because he signed up to Disney+ trial | US News | Sky News
A EULA waiving your right to trial by jury should be illegal if it's not. Silly. Apparently Sony/MS and many other companies basically have the same clause in America. Seems to not be a thing in Europe/UK thank goodness.
The license on the UK PlayStation site specifies it is for residents in the Americas only: "NOTE: IF YOU ARE A UNITED STATES RESIDENT OR A RESIDENT OF A COUNTRY/REGION IN NORTH, CENTRAL OR SOUTH AMERICA, TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER"
Last edited by Zippy6 - on 09 May 2025
