You waive your right to injunctive relife (a class action)


Service: Genshin Impact
Status: DECLINED
Changes: 2
Source: link
Author: zormal


SLA 11: "Without prejudice to any other rights or remedies that miHoYo may have, you acknowledge and agree that in the event of any threatened or actual breach of this Agreement, miHoYo shall, without proof of special damage, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which miHoYo may be entitled. You irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from miHoYo." Interestingly, while waiving your rights to injunction, you grant miHoYo such rights without proof of special damage.


Comments:
On 2021-03-10 14:20:59 UTC, Agnes de Lion Staff wrote:

DECLINED
An injunctive relief is different from a class action. The first one is a court order that requires or forbids an entity to do something, whereas a class action allows people that have been injured the same way to take legal action collectively.
As far as I know, there's currently no case covering injunctive relief waivers. If you believe that it should be created, feel free to request that in our forum: https://forum.tosdr.org/newcase



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: 2021-03-10 14:20:59 UTC by Agnes de Lion Staff

Previous Title: No changes recorded

Updated Title: No changes recorded

Previous Analysis: No changes recorded

Updated Analysis: No changes recorded

Previous Status: PENDING

Updated Status: DECLINED

Version 2: 2021-03-06 07:06:00 UTC by zormal

Previous Title:

Updated Title: You waive your right to injunctive relife (a class action)

Previous Analysis:

Updated Analysis: SLA 11: "Without prejudice to any other rights or remedies that miHoYo may have, you acknowledge and agree that in the event of any threatened or actual breach of this Agreement, miHoYo shall, without proof of special damage, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which miHoYo may be entitled. You irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from miHoYo." Interestingly, while waiving your rights to injunction, you grant miHoYo such rights without proof of special damage.

Previous Status:

Updated Status: PENDING