Nintendo’s EULA amendment prevents users from filing class action lawsuits against them, and opting out is not the most straightforward process.
Nintendo’s EULA Update Blocks Class Action Lawsuits, Unless You Write a Letter
Spotted on r/nintendo (via GamesRadar+), Nintendo has amended the EULA to feature a class action waiver in section 16. 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”.
Nintendo wants players to find other ways to resolve disputes, such as customer service. Their customer service will address players’ concerns related to their Nintendo Account Services and can be contacted through phone, email and regular mail. Nintendo added, “Most matters can be quickly resolved in this manner to our customers’ satisfaction.”
However, 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. Once the letter has been sent, Nintendo and the user will settle claims in accordance with section 18.
Section 18
Section 18 of Nintendo’s EULA states that all claims, including the ones Nintendo has on the user violating its intellectual property rights, “shall be subject to and governed by, construed, and interpreted in accordance with the laws of the State of Washington, U.S.A., except for its conflict of law rules.”
Moreover, any arbitration which is not subject to section 16 will not be heard in small claims court and has to be “resolved exclusively in the state and federal courts located in King County, Washington, U.S.A.”. Both Nintendo and the user will have to waive “any objection to venue in the courts identified in this Section 18.”
In other news, Nintendo has pledged to keep releasing games for ‘100 million people’ playing Switch. Also, EA won’t follow Nintendo and Xbox in game pricing strategies. What are your thoughts on Nintendo trying to prevent users from filing lawsuits against them with their EULA amendment? Let us know in the comments section, and join the official Insider Gaming forum.
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