You wave your right to a class action.


Status: approved
Changes: 6
Source: link
Author: Photon


THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "BINDING INDIVIDUAL ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND SIE LLC, SONY INTERACTIVE ENTERTAINMENT INC., EACH OF THEIR CURRENT OR FORMER AFFILIATES, INCLUDING PARENTS OR SUBSIDIARIES, AND ANY PREDECESSOR OR SUCCESSOR ENTITY TO ANY OF THE FOREGOING, INCLUDING SONY COMPUTER ENTERTAINMENT AMERICA LLC AND SONY INTERACTIVE ENTERTAINMENT AMERICA LLC (COLLECTIVELY, "SONY ENTITIES").
Sony Entertainment Network [bad] Binding Arbitration clause and class action waiver (30 days optout)


Comments:
On 2018-05-15 09:11:54 UTC, someone wrote:

imported from di_y5K5pzZw

On 2018-05-23 12:41:15 UTC, someone wrote:

https://groups.google.com/forum/#!msg/tosdr/di_y5K5pzZw/UIMy7n6YaGkJ
When you subscribe to the Sony Network (the PlayStation network
and Sony's music and video network; similar to Netflix I guess),
you are bound to arbitration.

The terms have a warning at the beginning:

http://www.sonyentertainmentnetwork.com/terms-of-service/

NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION
AND CLASS ACTION WAIVER PROVISION IN SECTION 17 THAT AFFECTS
YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE"
(AS DEFINED BELOW) BETWEEN YOU AND SNEI, SONY COMPUTER
ENTERTAINMENT INC., SONY COMPUTER ENTERTAINMENT AMERICA LLC,
THEIR AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, "SONY
ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING
ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN
SECTION 17.

Section 17:

17. BINDING INDIVIDUAL ARBITRATION

Purpose. The term "Dispute" means any dispute, claim, or
controversy between you and any Sony Entity regarding any SEN
First Party Services or the use of any devices sold by a Sony
Entity to access SEN First Party Services, whether based in
contract, statute, regulation, ordinance, tort (including, but
not limited to, fraud, misrepresentation, fraudulent
inducement, or negligence), or any other legal or equitable
theory, and includes the validity, enforceability or scope of
this Section 17 (with the exception of the enforceability of
the Class Action Waiver clause below). "Dispute" is to be
given the broadest possible meaning that will be enforced. If
you have a Dispute with any Sony Entity or any of a Sony
Entity's officers, directors, employees and agents that cannot
be resolved through negotiation within the time frame
described in the "Notice of Dispute" clause below. Other than
those matters listed in the Exclusions from Arbitration
clause, you and the Sony Entity that you have a Dispute with
agree to seek resolution of the Dispute only through
arbitration of that Dispute in accordance with the terms of
this Section 17, and not litigate any Dispute in court.
Arbitration means that the Dispute will be resolved by a
neutral arbitrator instead of in a court by a judge or jury.

Exclusions from Arbitration. YOU AND THE SONY ENTITIES AGREE
THAT ANY CLAIM FILED BY YOU OR BY A SONY ENTITY IN SMALL
CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS
CONTAINED IN THIS SECTION 17.

RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION
WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE
BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION
17, YOU MUST NOTIFY SNEI IN WRITING WITHIN 30 DAYS OF THE DATE
THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS
REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE
MAILED TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA
90045, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE:
(1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR SEN FIRST PARTY
SERVICES ONLINE ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT
THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY
THROUGH ARBITRATION.

Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY SONY ENTITY,
YOU MUST SEND WRITTEN NOTICE TO 6080 CENTER DRIVE, 10TH FLOOR,
LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION,
ATTN: SONY LEGAL DEPARTMENT: DISPUTE RESOLUTION" TO GIVE SNEI
OR THE SONY ENTITY YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO
RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree
to negotiate resolution of the Dispute in good faith for no
less than 60 days after you provide notice of the Dispute. If
the Sony Entity you have a Dispute with does not resolve your
Dispute within 60 days from receipt of notice of the Dispute,
you or the Sony Entity you have a Dispute with may pursue your
claim in arbitration pursuant to the terms in this Section 17.

Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS,
WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN
INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION
OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED,
REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH
YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE
SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF
THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR
PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE
AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE
EXTENT SUCH WAIVER IS PROHIBITED BY LAW.

Initiation of Arbitration Proceeding/Selection of Arbitrator.
If you or the Sony Entity you have a Dispute with elect to
resolve your Dispute through arbitration, the party initiating
the arbitration proceeding may initiate it with the American
Arbitration Association ("AAA"), www.adr.org, or JAMS
www.jamsadr.com. The terms of this Section 17 govern in the
event they conflict with the rules of the arbitration
organization selected by the parties.

Arbitration Procedures. Because the software and/or service
provided to you by the Sony Entity you have a Dispute with
concern interstate commerce, the Federal Arbitration Act
("FAA") governs the arbitrability of all Disputes. However,
applicable federal or state law may also apply to the
substance of any Disputes. For claims of less than $75,000,
the AAA's Supplementary Procedures for Consumer-Related
Disputes ("Supplementary Procedures") shall apply including
the schedule of arbitration fees set forth in Section C-8 of
the Supplementary Procedures; for claims over $75,000, the
AAA's Commercial Arbitration Rules and relevant fee schedules
for non-class action proceedings shall apply. The AAA rules
are available at www.adr.org or by calling 1-800-778-7879.
Further, if your claims do not exceed $75,000 and you provided
notice to and negotiated in good faith with the Sony Entity
you had a Dispute with as described above, if the arbitrator
finds that you are the prevailing party in the arbitration,
you will be entitled to recover reasonable attorneys' fees and
costs as determined by the arbitrator, in addition to any
rights to recover the same under controlling state or federal
law afforded to the Sony Entity you have a Dispute with or
you. The arbitrator will make any award in writing but need
not provide a statement of reasons unless requested by a
party. Such award will be binding and final, excerpt for any
right of appeal provided by the FAA, and may be entered in any
court having jurisdiction over the parties for purposes of
enforcement.

Location of Arbitration. You or the Sony Entity you have a
Dispute with may initiate arbitration in either San Mateo
County, California or the United States county in which you
reside. In the event that you select the county of your United
States residence, the Sony Entity you have a Dispute with may
transfer the arbitration to San Mateo, County in the event
that it agrees to pay any additional fees or costs you incur
as a result of the change in location as determined by the
arbitrator.

Severability. If any clause within this Section 17 (other than
the Class Action Waiver clause above) is found to be illegal
or unenforceable, that clause will be severed from this
Section 17, and the remainder of this Section 17 will be given
full force and effect. If the Class Action Waiver clause is
found to be illegal or unenforceable, this entire Section 17
will be unenforceable, and the Dispute will be decided by a
court and you and the Sony Entity you have a dispute with each
agree to waive in that instance, to the fullest extent allowed
by law, any trial by jury.

Continuation. This Section 17 shall survive any termination of
this Agreement or the provision of SEN First Party Services to
you.

--
Hugo Roy, Project Lead
Terms of Service; Didn't Read | www.tosdr.org

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On 2018-08-30 08:43:03 UTC, import script wrote:

scripted message: please link to a quote

On 2018-09-15 19:09:00 UTC, import script wrote:

scripted message: moving this point to user 587

On 2019-02-12 19:46:01 UTC, skylarmt wrote:

approved:

On 2020-05-07 14:45:36 UTC, MartinSof wrote:

wow this saintly however ,I love your enter plus nice pics might be part personss negative love being defrent mind total poeple , crooksandliars



We track editorial changes to analyses and updates to a point's status and display the previous versions here as part of an effort to promote transparency regarding our curation process.

Version 1: 2019-02-12 19:46:01 UTC by skylarmt

Previous Title: No changes recorded

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Previous Status: pending

Updated Status: approved

Version 2: 2018-09-30 01:07:03 UTC by Photon

Previous Title: Sony Entertainment Network [bad] Binding Arbitration clause and class action waiver (30 days optout)

Updated Title: You wave your right to a class action.

Previous Analysis: No changes recorded

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Version 3: 2018-09-30 01:06:51 UTC by Photon

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Version 4: 2018-09-30 01:06:43 UTC by Photon

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Version 5: 2018-09-30 01:06:26 UTC by Photon

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Previous Status: changes-requested

Updated Status: pending

Version 6: 2018-05-15 09:11:54 UTC by someone

Previous Title:

Updated Title: Sony Entertainment Network [bad] Binding Arbitration clause and class action waiver (30 days optout)

Previous Analysis:

Updated Analysis: Sony Entertainment Network [bad] Binding Arbitration clause and class action waiver (30 days optout)

Previous Status:

Updated Status: pending