Editing: Pokémon GO Terms of Service
Pokémon GO Terms of Service
Last Updated: July 1, 2016
Welcome to the
Pokémon GO video game services, which are accessible via the
Niantic, Inc. (“Niantic”) mobile device
application (the “
App”). To make these Pokémon
GO Terms of Service (the “Terms”) easier to read, our
video game services, the App, and our websites located at
http://pokemongo.nianticlabs.com and http://www.pokemongolive.com
(the “Site”) are collectively called the
“Services.” Please read carefully these Terms, our
Trainer Guidelines, and our Privacy Policy, because they govern your
use of our Services.
Agreement to Terms
By using our
Services, you are agreeing to these Terms, our Trainer Guidelines,
and our Privacy Policy. If you are the parent or legal guardian of a
child under the age of 13 (the “Parent”), you are
agreeing to these Terms on behalf of yourself and your child(ren) who
are authorized to use the Services pursuant to these Terms and in our
Privacy Policy. If you don’t agree to these Terms, our Trainer
Guidelines, and our Privacy Policy, do not use the Services.
Changes to Terms or Services
We may modify
these Terms at any time. If we do so, we’ll let you know either
by posting the modified Terms on the Site or App or through other
communications. It’s important that you review the Terms
whenever we modify them, because if you continue to use the Services
after we have posted modified Terms on the Site or App, or otherwise
communicate them to you, you are indicating to us that you agree to
be bound by the modified Terms. If you don’t agree to be bound
by the modified Terms, then you may not use the Services anymore.
Because our Services evolve over time, we may change or discontinue
all or any part of the Services at any time and without notice.
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.
Privacy
Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users.
Eligibility and Account Registration
If you want to
use certain features of the Services, you will have to create an
account with us (an “Account”). You can create an
Account if you have (a) a pre-existing Google account; (b) a
pre-existing Pokémon Trainer Club (“PTC”)
account; (c ) a pre-existing account with Facebook, or (d) such other
pre-existing third-party accounts as we may choose to support in the
future (notification of which will be provided by allowing selection
of such
pre-existing accounts on the relevant account-creation
screen). We will create your Account by extracting from your Google,
PTC, Facebook, or other pre-existing third-party account certain
personal information (such as your email address) that your privacy
settings on the applicable account permit us to access.
It’s important that you provide us with accurate, complete, and up-to-date
information for your Account, and you agree to update such
information as needed, to keep it accurate, complete, and up-to-date.
If you don’t, we might have to suspend or terminate your
Account. You agree that you won’t disclose your Account
password to anyone and you’ll notify us immediately of any
unauthorized use of your Account. You’re responsible for all
activities that occur under your Account, whether or not you know
about them.
Registration by Children
We comply with the Children’s Online Privacy Protection Act (COPPA) through the verification and consent process handled by PTC. If you are over the age of 13 and register to create an Account through PTC, PTC will enable you to access and use the Services. The Parent of each child under the age of 13 must register with The Pokémon Company International, Inc. (“TPCI”) through PTC before a child may use the Services. TPCI requires the Parent to verify that he or she is the Parent of the child and to consent to the creation of an Account with us for the child. Upon receipt of both parental verification and consent, TPCI will enable the Parent to create an Account with us for the child.
If a Parent does
not consent to a child’s access to and use of the Services or
does not verify the Parent’s consent through the consent
process, Niantic will bar that child’s registration for an
Account, prevent the child’s access to and use of the Services,
and ensure that such child’s information is not accessible
through the Services. If a Parent has consented to a child’s
access to and use of the Services but wishes to rescind such
consent,
the Parent should contact us at
https://pokemongo.nianticlabs.com/support/delete/en to submit the
request. We will discontinue that child’s access to and use of
the Services and ensure that such
child’s information is no
longer accessible through the Services.
Parents of
children under the age of 13 understand and agree that TPCI and/or
Niantic may provide information submitted to TPCI and/or
Niantic, or
collected via
the Services, to third parties who use such
information
for the sole purpose of administering or providing Services (e.g.
,
third-party security monitoring services and web-hosting companies).
Please see our Privacy Policy, available at
http://www.nianticlabs.com/privacy/pokemongo/en/ for more information
on how we collect, use, and disclose information from our users.
Safe Play
During game play,
please be aware of your surroundings and play safely. You agree that
your use of the App and play of the game is at your own risk, and it
is your responsibility to maintain such health, liability, hazard,
personal injury, medical, life, and other insurance policies as you
deem reasonably necessary for any injuries that you may incur while
using the Services. You also agree not to use the App to violate any
applicable law, rule, or regulation (including but not limited to the
laws of trespass) or the Trainer Guidelines, and you agree not to
encourage or enable any other individual to violate any applicable
law, rule, or regulation or the Trainer Guidelines. Without limiting
the foregoing, you agree that in conjunction with your use of the App
you will not inflict emotional distress on other people, will not
humiliate other people (publicly or otherwise), will not assault or
threaten other people, will not enter onto private property without
permission, will not impersonate any other person or misrepresent
your affiliation, title, or authority, and will not otherwise engage
in any activity that may result in injury, death, property damage,
and/or
liability of any kind. To the extent permitted by applicable
law, Niantic, The Pokémon Company (“TPC”), and
TPCI disclaim all liability related to any property damage, personal
injury, or death that may occur during your use of our Services,
including any claims based on the violation of any applicable law,
rule, or regulation or your alleged negligence or other tort
liability. Further, in the event that
you have a dispute with one or
more other users of the App, you release Niantic, TPC, and TPCI (and
our officers, directors, agents, subsidiaries, joint ventures, and
employees) from all claims, demands, and damages (actual and
consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such
disputes.
Rights in App
Subject to your
compliance with these Terms, Niantic grants you a limited
nonexclusive, nontransferable, non-sublicensable license to download
and install a copy of the App on a mobile device and to run such copy
of the App solely for your own personal, noncommercial purposes.
Except as expressly permitted in these Terms, you may not
: (a) copy,
modify, or create derivative works based on the App; (b)
distribute, transfer, sublicense, lease, lend, or rent the App to any
third party; (c ) reverse engineer, decompile, or disassemble
the App; or (d) make the functionality of the App available to
multiple users through any means. Niantic reserves all rights in and
to the App not expressly granted to you under these Terms.
Additional Terms for App Store Apps
If you accessed
or downloaded the App from the Apple Store, then you agree to use the
App only: (a) on an Apple-branded product or device that runs iOS
(Apple’s proprietary operating system software); and (b) as
permitted by the “Usage Rules” set forth in the Apple
Store Terms of Service.
If you accessed
or downloaded the App from any app store or distribution platform
(like the Apple Store, Google Play, or Amazon Appstore) (each, an
“App Provider”), then you acknowledge and agree
that:
These Terms are concluded between you and Niantic, and not with App Provider, and that, as between us and the App Provider, Niantic is solely responsible for the App.
App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever
with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Niantic.
App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Niantic will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required
by these Terms.
App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions
of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof
.
You must also comply with all applicable third-party terms of service when using the App.
You agree to
comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto
nor any direct product thereof
is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such
laws and regulations. By using the App, you represent and warrant
that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Content and Content Rights
For purposes of
these Terms: (a) “Content” means the text,
software, scripts, graphics, photos, sounds, music, videos,
audiovisual combinations, interactive features, works of authorship
of any kind, and information or other materials that are posted,
generated, provided, or otherwise made available through the
Services; and (b) “User Content” means any
Content that Account holders (including you) provide to be made
available through the Services. Content includes without limitation
User Content. Subject to your compliance with these Terms, Niantic
grants you a personal, noncommercial, nonexclusive, nontransferable,
non-sublicensable, revocable license to download, view, display, and
use the Content solely in connection with your permitted use of the
Services.
Content Ownership
Niantic does not
claim any ownership rights in any User Content, and nothing in these
Terms will be deemed to restrict any rights that you may have to use
and exploit your User Content. Subject to the foregoing, Niantic and
its licensors (including TPC and TPCI) exclusively own all right,
title, and interest in and to the Services and Content, including all
associated intellectual property rights. You acknowledge that the
Services and Content are protected by copyright, trademark, and other
laws of the United States and foreign countries. You agree not to
remove, alter, or obscure any copyright, trademark, service mark, or
other proprietary rights notices incorporated in or accompanying the
Services or Content.
Rights Granted by You
By making any User Content available through Services, you grant to Niantic a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Niantic on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Niantic may reject any submissions in which Niantic believes, in its sole discretion, that the User Content is inappropriate or violates the Trainer Guidelines or these Terms. Niantic further reserves the right to remove any User Content from the Services at any time and without notice and for any reason.
Trading
The App permits
Account holders to capture and trade virtual items, including but not
limited to Pokémon characters or creatures (“Trading
Items”) during gameplay. Unlike Virtual Money and Virtual
Goods (see below), Trading Items are obtained at no additional charge
during gameplay. Trading Items are a category of Content, and Niantic
grants you a limited, nontransferable, non-sublicensable, revocable
license to use such Trading Items in conjunction with your personal,
noncommercial use of the Services. You acknowledge that you do not
acquire any ownership rights in or to Trading Items and that Trading
Items do not have monetary value. Trading Items may be traded with
other Account holders for other Trading Items, but Trading Items can
never be sold, transferred, or exchanged for Virtual Money, Virtual
Goods, “real” goods, “real” money, or “real”
services, or any other compensation or consideration from us or
anyone else.
You also agree that you will only obtain Trading Items from other Account holders and through means provided by us, and not from or through any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. We may cancel any Trading Items sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account. As set forth below, all Trading Items and other Content are provided “as is,” without any warranty.
Virtual Money and Virtual Goods
The App permits the purchase of virtual currency (“Virtual Money”) and use of that Virtual Money to purchase virtual items or services that we expressly make available for use in the App (“Virtual Goods”). The purchase of Virtual Money and Virtual Goods is limited to Account holders who are either (a) 18 years of age or older; or (b) under the age of 18 and have the consent of a Parent to make the purchase. Parents of children under the age of 18 can consult the iOS or Google Play settings for their App to restrict in-App purchases, but should also monitor their children’s Accounts for unexpected activity, including the purchase of Virtual Money or Virtual Goods.
Purchases of Virtual Money and Virtual Goods
Virtual Money is
a category of Content, so the purchase of Virtual Money grants you
only a limited, nontransferable, non-sublicensable, revocable license
to use such Virtual Money to access and purchase Virtual Goods in
conjunction with your personal, noncommercial use of the Services.
You acknowledge that you do not acquire any ownership rights in or to
the Virtual Money, Virtual Goods, or other Content; any balance of
Virtual Goods or Virtual Money does not reflect any stored value. You
agree that Virtual Money and Virtual Goods have no monetary value and
do not constitute actual currency or property of any type. Virtual
Money may be redeemed only for Virtual Goods and can never be sold,
transferred, or exchanged for “real” money, “real”
goods, or “real” services from us or anyone else. You
also agree that you will only obtain Virtual Money and/or
Virtual
Goods from us and through means provided by us, and not from any
third-party platform, exchange, broker, or other mechanism, unless
expressly authorized. Once you acquire a license to Virtual Money or
Virtual Goods, you may not
trade or transfer the Virtual Money or
Virtual Goods to another individual or account, unless such
functionality is provided to you by us by way of a feature or
service, whether inside the App or through some other method (e.g.
,
our website). We may cancel any Virtual Money or Virtual Goods sold,
transferred, or exchanged in violation of these Terms. Any such sale,
transfer, or exchange (or attempt to do so) is prohibited and may
result in the termination of your Account.
During the term of your license to your Virtual Money, you have the right to redeem your Virtual Money for selected Virtual Goods. If you are the Parent and you are accepting these Terms on behalf of your child, you accept and acknowledge that your child has your consent to exercise this right independently. Pricing and availability of Virtual Money and Virtual Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Money and Virtual Goods. As set forth below, all Virtual Money, Virtual Goods, and other Content is provided “as is,” without any warranty. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Money or Virtual Goods once the transaction has been made.
Purchases by End Users Outside the U.S.
Virtual Money and
Virtual Goods may only be purchased and held by legal residents of
countries where access to and use of the Services are permitted. If
you live in the European Union, you have certain rights to withdraw
from online purchases. However, please note that once you download
Virtual Money from us, your right of withdrawal ends. You agree that
(a) purchase of Virtual Money involves immediate download of such
Content; and (b) you lose your right of withdrawal once your purchase
is complete. If you live in the European Union, we will provide you
with a VAT invoice when we are required to do so by law. You agree
that these invoices may be electronic in format. We reserve the right
to control, regulate, change, or remove any Virtual Money or Virtual
Goods without any liability to you.
Effect of Termination on Trading Items, Virtual Money, and Virtual Goods
We may cancel,
suspend, or terminate your Account and your access to your Trading
Items, Virtual Money, Virtual Goods, the Content, or the Services, in
our sole discretion and without prior notice, including if (a) your
Account is inactive (i.e.
, not used or logged into) for one year; (b)
you fail to comply with these Terms; (c ) we suspect fraud or misuse
by you of Trading Items, Virtual Money, Virtual Goods, or other
Content; (d) we suspect any other unlawful activity associated with
your Account; or (e) we are acting to protect the Services, our
systems, the App, any of our users, or the reputation of Niantic,
TPC, or TPCI. We have no obligation or responsibility to, and will
not reimburse or refund, you for any Trading Items, Virtual Money, or
Virtual Goods lost due to such
cancellation, suspension, or
termination. You acknowledge that Niantic is not required to provide
a refund for any reason, and that you will not receive money or other
compensation for unused Virtual Money and Virtual Goods when your
Account is closed, whether such
closure was voluntary or involuntary.
We have the right
to offer, modify, eliminate, and/or terminate Trading Items, Virtual
Money, Virtual Goods, the Content, and/or
the Services, or any
portion thereof
, at any time, without notice or liability to you. If
we discontinue the use of Virtual Money or Virtual Goods, we will
provide at least 60 days’ advance notice to you by posting a
notice on the Site or App or through other communications.
Conduct, General Prohibitions, and Niantic’s Enforcement Rights
You agree that
you are responsible for your own conduct and User Content while using
the Services, and for any consequences thereof. Please refer to our
Trainer Guidelines
(https://pokemongo.nianticlabs.com/support/guidelines/en) for
information about the kinds of conduct and User Content that are
prohibited while using the Services. By way of example, and not as a
limitation, you agree that when using the Services and Content, you
will not:
defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message;
promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be;
violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
impersonate or misrepresent your affiliation with another person or entity;
promote or provide instructional information about illegal or harmful activities or substances;
promote or engage in physical harm, violence, or injury against any group or individual;
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
use, display, mirror, or frame the Services or any individual element within the Services, Niantic’s name, any Niantic trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Niantic’s express written consent;
access, tamper with, or use nonpublic areas of the Services, Niantic’s computer systems, or the technical delivery systems of Niantic’s providers;
attempt to probe, scan, or test the vulnerability of any Niantic system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Niantic or any of Niantic’s providers or any other third party (including another user) to protect the Services or Content;
attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by Niantic or other generally available third-party web browsers (including,
without limitation
, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
extract, scrape, index, copy, or mirror the Services or Content or portions thereof
(including but not limited to the PokéStop database and other information about users or gameplay);
use any meta tags or other hidden text or metadata utilizing a Niantic trademark, logo, URL, or product name without Niantic’s express written consent;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or Niantic’s infrastructure;
delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
use the Services or Content, or any portion thereof
, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering in App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c ) sell, resell, rent, or lease the App or your Account;
collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Feedback
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by reaching out to us on Facebook, Twitter, or Google+. You grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
DMCA/Copyright Policy
Niantic respects copyright law and expects its users to do the same. It is Niantic’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Niantic’s Copyright Policy (https://nianticlabs.com/copyright) for further information.
Links to Third Party Websites or Resources
The Services and
App may contain links to third-party websites or resources. We
provide these links only as a convenience and are not responsible for
the content, products, or services on or available from those
websites, or resources or links displayed on such websites. You
acknowledge sole responsibility for and assume all risk arising from
your use of any third-party websites or resources.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by accessing the Pokémon GO Help Center, available at https://pokemongo.nianticlabs.com/support/delete/en. Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions of these Terms will survive: Arbitration Notice; Content Ownership; Rights Granted by You; Effect of Termination on Trading Items, Virtual Money, and Virtual Goods; Feedback; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution; General Terms; and this sentence of Termination.
Disclaimer of Warranties
YOUR USE OF THE APP AND SERVICES ARE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NIANTIC, TPC, AND TPCI EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Niantic, TPC, and TPCI make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error -free basis, and we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
YOU ASSUME ALL
RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND
INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS
WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE
SERVICES. YOU UNDERSTAND THAT NIANTIC, TPC, AND TPCI DO NOT SCREEN OR
INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. NIANTIC,
TPC, AND TPCI MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT
OF USERS OF THE SERVICES. YOU AGREE TO
TAKE REASONABLE PRECAUTIONS IN
ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES
AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A
RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO
MEET OFFLINE OR IN PERSON.
Indemnity
You will indemnify and hold harmless Niantic, TPC, and TPCI and their respective officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, or (c ) your violation of these Terms.
Limitation of Liability
TO THE EXTENT
PERMITTED BY APPLICABLE LAW, NEITHER NIANTIC NOR TPC OR TPCI OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE
SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES,
INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE
INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF
SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE
TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR
CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH
OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR
INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY,
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NIANTIC, TPC, OR TPCI
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF
A
LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL
THE TOTAL LIABILITY OF NIANTIC, TPC, OR TPCI ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE
THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS ($1,000). THE
EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NIANTIC AND YOU.
Dispute Resolution
Governing Law
These Terms and
any action related thereto will be governed by the laws of the State
of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Niantic
agree that any dispute, claim, or controversy arising out of or
relating to these Terms or the breach, termination, enforcement,
interpretation, or validity thereof or the use of the Services or
Content (collectively, “Disputes”) 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”). Without limiting the preceding
sentence, you will also have the right to litigate any other Dispute
if you provide Niantic with written notice of your desire to do so by
email or regular mail at termsofservice@nianticlabs.com or 2 Bryant
St., Ste. 220, San Francisco, CA 94105 within thirty (30)
days
following the date you first accept these Terms (such
notice, an
“Arbitration Opt-out Notice”). If you don’t
provide Niantic with an Arbitration Opt-out Notice within the thirty
(30)
day period, you will be deemed to have knowingly and
intentionally waived your right to litigate any Dispute except as
expressly set forth in clauses (a) and (b) above. The exclusive
jurisdiction and venue of any IP Protection Action or, if you timely
provide Niantic with an Arbitration Opt-out Notice, will be the state
and federal courts located in the Northern District of California,
and each of the parties hereto
waives any objection to jurisdiction
and venue in such
courts. Unless you timely provide Niantic with an
Arbitration Opt-out Notice, you acknowledge and agree
that you and
Niantic are each waiving the right to a trial by jury or to
participate as a plaintiff or class member in any purported class
action or representative proceeding. Further, unless both you and
Niantic otherwise agree in writing, the arbitrator may not
consolidate more than one person’s claims, and may not
otherwise preside over any form of any class or representative
proceeding. If this specific paragraph is held unenforceable, then
the entirety of this “Dispute Resolution” section will be
deemed void. Except as provided in the preceding sentence, this
“Dispute Resolution” section will survive any termination
of these Terms.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who
desires to initiate arbitration must provide the other party with a
written Demand for Arbitration as specified in the AAA Rules. (The
AAA provides a general Demand for Arbitration ) The arbitrator will
be either a retired judge or an attorney licensed to practice law and
will be selected by the parties from the AAA’s roster of
arbitrators. If the parties are unable to agree upon an arbitrator
within seven (7) days of delivery of the Demand for Arbitration, then
the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and
Niantic otherwise agree, the arbitration will be conducted in the
county where you reside. If your claim does not exceed $10,000, then
the arbitration will be conducted solely on the basis of the
documents that you and Niantic submit to the arbitrator, unless you
request a hearing or the arbitrator determines that a hearing is
necessary. If your claim exceeds $10,000, your right to a hearing
will be determined by the AAA Rules. Subject to the AAA Rules, the
arbitrator will have the discretion to direct a reasonable exchange
of information by the parties, consistent with the expedited nature
of the arbitration.
Arbitrator’s Decision
The arbitrator
will render an award within the time frame specified in the AAA
Rules. The arbitrator’s decision will include the essential
findings and conclusions upon which the arbitrator based the award.
Judgment on the arbitration award may be entered in any court having
jurisdiction thereof. The arbitrator’s award of damages must be
consistent with the terms of the “Limitation of Liability”
section above as to the types and amounts of damages for which a
party may be held liable. The arbitrator may award declaratory or
injunctive relief only in favor of the claimant and only to the
extent necessary
to provide relief warranted by the claimant’s
individual claim
. If
you prevail in arbitration, you will be entitled
to an award of attorneys’ fees and expenses to the extent
provided under
applicable law. Niantic will not seek, and hereby
waives, all rights it may have under applicable law to recover
attorneys’ fees and expenses if it prevails in arbitration.
Fees
our
responsibility to pay any AAA filing, administrative, and arbitrator
fees will be solely as set forth in the AAA Rules. However, if your
claim for damages does not exceed $75,000, Niantic will pay all such
fees unless the arbitrator finds that either the substance of your
claim or the relief sought in your Demand for Arbitration
was
frivolous or was brought for an improper purpose (as measured by the
standards set forth in Federal Rules of Civil Procedure 11(b)).
Changes
Notwithstanding
the provisions of the “Changes to Terms or Services”
section above, if Niantic changes this “Dispute Resolution”
section after the date you first accepted these Terms (or accepted
any subsequent changes to these Terms), you may reject any such
change by sending us written notice (including by email to
termsofservice@nianticlabs.com) within 30 days of the date such
change became effective, as indicated in the “Last Updated”
date above or in the date of Niantic’s email to you notifying
you of such
change. By rejecting any change, you are agreeing that
you will arbitrate any Dispute between you and Niantic in accordance
with the provisions of this “Dispute Resolution” section
as of the date you first accepted these Terms (or accepted any
subsequent changes to these Terms).
General Terms
These Terms and
any action related thereto will be governed by the laws of the State
of California without regard to its conflict of laws provisions.
These Terms constitute the entire and exclusive understanding and
agreement
between Niantic and you regarding the Services and Content,
and these Terms supersede and replace any and all prior oral or
written understandings or agreements between Niantic and you
regarding the Services and Content. If any provision of these Terms
is held invalid or unenforceable (either by an arbitrator appointed
pursuant to the terms of
the “Dispute Resolution” section
above or by a court of competent jurisdiction, but only if you timely
opt out of arbitration
by sending us an Arbitration Opt-out Notice in
accordance with the terms set forth above), that provision will be
enforced to the maximum extent permissible, and the other provisions
of these Terms will remain in full force and effect. You may not
assign or transfer these Terms, by operation of law or otherwise,
without Niantic’s prior written consent. Any attempt by you to
assign or transfer these Terms without such
consent will be null.
Niantic may freely assign or transfer these Terms without
restriction. Subject to the foregoing, these Terms will bind and
inure to the benefit of the parties, their successors and permitted
assigns.
Any notices or
other communications provided by Niantic under these Terms, including
those regarding modifications to these Terms, will be given: (a) via
email, or (b) by posting to the Services. For notices made by email,
the date of receipt will be deemed the date on which such
notice is
transmitted.
Niantic’s
failure to enforce any right or provision of these Terms will not be
considered a waiver of such right or provision. The waiver of any
such right or provision will be effective only if in writing and
signed by a duly authorized representative of Niantic. Except as
expressly set forth in these Terms, the exercise by either party of
any of its remedies under these Terms will be without prejudice to
its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Services, please contact Niantic at termsofservice@nianticlabs.com or 2 Bryant Ste. 220, San Francisco, CA 94105.
These are the official Pokémon GO Terms of Service as they appeared on July 23, 2016. You can view the current and official terms of service here.