My HONEST thoughts on the New Niantic TOS...

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[@ClanBez]

The good news is that the more ludicrous a company makes their TOS, the greater the chance a judge looks at it and says, "yea,...naaa, I'm not enforcing this nonsense." TOS does not give a company immunity, look it up. it has happened before. Looks like they might have a class action headed their way over something to do with avatar items sales and their avatars and somewhere in that process a judge will have to make a similar call.

[@xaviorffviii]

This is true

[@JJ-dm3lt]

If you agree to binding arbitration in the US you MUST attempt to settle in binding arbitration.

hmm interesting never heard of this - guess its cause im canadian

[@TheRealMrAndrew]

Say it with me, everyone, “niantic hates the players.” Also, that bit about saying you can’t sue them, that doesn’t hold up in court. A company can’t just force you into not suing them.

[@Motorcyclepro21]

NIANTIC HATES THE PLAYERS

[@mocos47253]

Tell that to Disney 😅

[@dawsonlindahl7427]

Don’t get me wrong, I think it’s evil, but it probably will hold up in court. Companies absolutely can force you into arbitration based on an arbitration clause in TOS. The legal view is that arbitration allows for dispute resolution without spending years waiting for a trial. See the Disney Plus case, in which Disney is only waiving its contractual arbitration right because of public backlash (Legal Eagle has a recent video about this, if interested). Combine that with the fact that SCOTUS has held that class wide arbitration is only appropriate when the parties agree to it, it will almost certainly hold up. I wish Congress would address the prevalence of coercive arbitration clauses, but it’s not likely because it benefits the corporations that donate to campaigns and Super PACs. Our best bet is to put public pressure on Niantic so that they change the TOS.

[@reysolo3672]

If this holds up, it sets a bad prece6. Sc will hold it up cause they put business over people probably

[@bradameerbeg2154]

I think they are saying if you decide account will be deleted.

[@BobbyJCFHvLichtenstein]

I'll never understand how they don't see that satisfying customers will lead to more income. They would benefit from making good updates... but always choose not to.

[@PhoHmooAmerica]

Customer will never satisfy. It might satisfied you but not the other person. Stop whining like a little child.

[@nicolaspech6704]

@@PhoHmooAmericayou didn’t understood the point of that comment

[@StrongArmZZ]

@@PhoHmooAmerica How long have you played this game?

[@HarbingerYT]

Why bother satisfying your customers if you know said customers are suckers who will continue to play regardless of how badly they're treated?

[@brianpeterson7028]

For Niantic, selling our data is definitely more profitable than making customers happy, so that's their highest priority

[@CrackerSmith]

Vote with your wallets. I haven't spent a single $ with Niantic since the new TOS came out!!!

[@sunnyfamily6094]

this is the way to go

[@Wailmur]

​@@sunnyfamily6094and the way that go youtubers certainly won't

[@kondzio2062]

Exactly, I continue playing the game because it's fun but I don't spend basically any money on it since they started treating their players like crap

[@alexisguerrero6143]

SAME, you can collect a lot of coins if you save to raid a specific mon

[@revan3270]

They get most of there money of selling location info anyways. They don’t care about pokécoins at all.

[@EagleHunt]

Niantic: “We’re not selling your data!” Also Niantic: “We will go into your phone, look at your data, and share it with 3rd parties. Also you can’t sue us”

[@DillingMinus]

Nothing new, was always in the TOS.

[@naviator3890]

In my country, same on many others, it is unconstitutional to check other people's phones without a judge warrant who specially ask for it, so if they do or even mess around with your files it's vi0lating a constitutional right, no TOS can do that at least legally...

[@juanbenjamin8911]

The device can be implemented in their own game app. Not on your physical phone. Once you agree to the terms there’s nothing you can do. If you fear your device privacy they will simply tell you delete the account or don’t agree to their terms

[@traverserred]

They arent actually going into your phone, those checks are built into the app, the app itself detects the use of other apps.

[@b1O15]

Im just so over companies and their greed. I get it, they wana make money to appease their stockholders but its like they have a gold mine. The only thing theyll accomplish is pissing ppl off.

[@HarbingerYT]

Thing is, in countries like the EU, TOS rarely holds up in court, when it comes to Force Arbitration clauses.

interested good to k now

[@udajs]

Except that EU is not a country :D

[@iamSpenceGarcia]

There is an option. And that option is to not play anymore. At this point I think I’ll start transferring out my memorable mons to Pokemon Home and not look back.

[@HarbingerYT]

Too many suckers have sunk cost fallacy. I wouldn't say they're infallible. But it'll be hard for them to fall.

[@natesit7169]

Bingo

ya it always comes down to if you can deal with that or not

[@alfiesmullet1311]

Use your likeness? Incoming AI deepfake videos of youtubers glazing Niantic

[@MarkFonts]

c’mon man. just posting pics of you playing at go fest or a c-day and not pay you any royalty when they feature you in the app or their socials. geez…

[@kondzio2062]

@@MarkFonts true, I think it's one of the more reasonable ones, I don't get why people are so mad at this

LMAO imagine

[@meandercody3470]

in 2017 i was two feet away from walking off a cliff at a state park lol. first time catching Kabutos though 👍

[@chrisbird5806]

In that interview with Michael and Zoe, Michael only said they don’t sell “individual” data. They can still sell the data but remove identifiers and Michael would not be lying in his viewpoint.

good point

[@Nex123]

My first thought was why make a ToS to delete an inactive account when you have the referral code for returning players.

[@DillingMinus]

Nothing new.. Was always in their TOS..

good point

[@Zerokies]

Crazy they were banning us for clicking on grunts now they want us to take out like 25 BILLION 😂

[@michieltenberg3459]

3:05 that was mega gangster

[@lookgamertv]

Oh, so these guys seen that Disney recently got into hot water and said “hold my beer”

[@MarkFonts]

jesus man so many companies AND EMPLOYERS have arbitration clauses. gold star for you recognizing a word tho!

[@ryze7700]

I understand your point of how a company that is dominant with it's market share can lead to less incentive for innovative features and products. Despite the negative connotations with this, I feel like we should also talk about the advantages, such as the large number of players means majority of bugs have been accounted for. However I do feel like the negative connotations outweigh the positive ones. Just a thought

Good point - more players more testing

[@diannefry6473]

Niantic is saying that they're sharing it and not selling it. And that's probably how they get around that. Either way it's still ridiculous,it's just to play with words.

[@MSusername69]

they share it with daddy google, and from there it gets sold out.

[@tonyk438]

they can share aggregated data in order to say here are the demographics. If the advertiser likes the demographics then they can choose to advertise.

[@BenB12342]

Niantic really wants to lose all of it’s players.

[@mattercolini7451]

Ur right new players spend more money and are less expensive to keep happy with events

[@Pra_th_am]

Now this makes me concerned about the game 16:02

[@danb9665]

Are you assuming niantics gender?

[@saphexteni]

A lot of scary wording int he TOS, which usually like you mentioned, many people may say “they won’t be that extreme” or “they’re just saying that…” All I can say is that your voice does matter - whether that means giving feedback to them or deciding to stop paying for the game. Or stop playing altogether, although like you also said; because there’s no other game like this out there, not many people will take that route. I WILL say that with Disney’s recent fiasco with their own TOS, it lends some light to two particular observations: #1) They could very well act on what they have in their TOS, but also #2) If it came down to it, if a huge company like Disney could go back on their TOS agreement, if something severe were to happen, surely Niantic will take a page from their book as well… That or the whole Disney fiasco (with the peanut anaphylaxis reaction + death) will make more people aware of these sort of TOS and hopefully, keep companies accountable… Ultimately though, nothing major will likely change unless another company decides to jump into the AR game business and actually give Niantic some competition so that they have more pressure on their backs to increase the quality of the game so as not to lose players. (mini shout out to Kingdom Hearts Missing Link, which is an attempt at an AR game, although release date still remains unknown…)

[@Ohh_Is_That_Sooo...]

I haven't played since smh. They've burned me over a dozen times on remote raid passes, let alone all the other money They've "glitched" out of me. Now they have the nerve to say no more reimbursement, and you have to sign away your rights to hold them accountable!?!? They've ripped me off 3 times in the same week they updated the terms. They gotta fight me now lol.

[@alyrondy]

when i rejoined a raid even when i was on top of the gym, instead of the used free raid pass, my remote raid pass was used and my free raid pass was "refunded" to me. I lost my item and you don't give me back a refund and somehow have the guts to stand here say that they can not compensate us for their mistakes? Really!?

[@Ohh_Is_That_Sooo...]

@alyrondy 🏆 That's it 100%. This is why we "sue companies in America" as Dax smugged at as if to say it's our fault, lol smh. He says, " it is what it is." I say, not with my money and my device.

[@shadowthehedgehog5319]

@@alyrondyoh yeah i've had that happen with primal groudon. wasn't able to primal it so now i gotta wait till next year

[@anthonypalumbo2003]

They aren't saying an individual can't sue them, they're saying in a class action lawsuit or mass arbitration. If they enter your account and it hacks your info or whatever, you can sue them. You however cannot use a group of ppl to sue them for an occurrence.

[@JJ-dm3lt]

No you can't. You agreed to binding arbitration. In the US. Binding arbitration is legal and you MUST participate in it. The only exception is gross misconduct. But you had the option to not play......

[@zirzero3598]

Very well spoken👍 I deleted it. Playing since day 2 of release. Search and sell my data, use my family's likeness from what they searched. All the glitches. F up like Go Fest 1 here in Chicago and not b held responsible and don't have to compensate. What if that phone searching program is bugged (Niantic loves bugs) and they break 1,000's of phones, well no class lawsuit.

[@aaronnhem7282]

There 100% taking advantage of the player base knowing everyone wants to get into there accounts, they’ve worked to take 100% control of the player base for 7 yrs and they have it, its pretty much impossible to be free to play

[@dilithius5555]

I deleted the game. The access of the phone and the likeness and location data. Pass on all that unless they refine and define that exactly. Along with removal of the lawsuit thing.

[@toivan1060]

They should have a setting to remove all team go rocket grunts from pokestops

[@Wailmur]

Why though? It's not like are annoying at all

[@toivan1060]

@@Wailmur you have a problem

[@traverserred]

niantic not liable for loss or damages while using the service means 'while you are playing the game". its the same thing as a hospital not being responsible for someone breaking into your car while you are parked in their parking lot. basically if you are playing the game and someone robs you because you were distracted is not niantic fault.

[@fertileplanet7756]

When it comes to the privacy stuff, I looked at their privacy policy and although their tos says they have the rights to share your data, they aren't sharing your data

[@jeff_uchiha]

Niantic never fails to disappoint, they are very unhinged

[@DaveSzumlanski]

Hot take: I don't think this was negative - I think it was quite realistic. It's fair for news shows to share the news even when it's bad, and I think that although you were talking about something that negatively impacts people, it needs to be shared. I (and so many of us) freaking enjoyed watching/listening to it, which is a HUGE positive. I particularly liked the monopoly segment, and I'm looking forward to your positive yap next time! 😃

[@DanielV80NX]

I'm not an advocate for niantic or anything, and think they could do much better, but the no refunds kinda makes sense. If someone wants to refund an item such as raid passes the player already purchased, but wanna refund them, and buy new ones if they go on sale for an event or smn, then niantic loses money they already thought they had. Otherwise, I would agree with a refund policy implementation.

[@traverserred]

The only thing that gives pause is with is the likeness. but its probably a non issue for most players, niantic doesnt have my likeness besides any pictures I might be in from the gofests I've been to, and that is reasonable, they can do whatever they want with that. this is probably there for that reason, so people don't complain and ask for payment if niantic uses a go fest picture with you in it.

[@anthonypalumbo2003]

Change or remove means say they have a ticket for sale-the 18thctocthe 20th and you check on the 19th it's gone. That's removed. Changed can be a price change on items

[@1Akai1]

There is a few I don't like. But what I don't like is they (Niantic) say they use a third party and we can not.

[@SebiPoet]

I honestly hope they change the PvP system. If play a lot more PvP if it wasn't the simple tapping. So I hope the dynamax raids have different combat than normal raids

[@MarkFonts]

14:05 i don’t really know the point of this video if you don’t compare what the previous TOS is. i guess just reading? also…it’s nearly standard practice for large gaming or consumer software companies to have an arbitration clause. even some employee contracts have an arbitration clause. there are ways AROUND an arbitration clause. just because y’all never heard of it doesn’t mean it’s dystopian.

[@ace8819]

The drip is on point!

[@Pra_th_am]

I think if they add some examples they can clear many doubt

[@CaptainShinyMon]

I'm glad you used my comment about removing frustration from the Item bag. I originally learned that trick from a Brandon Tan video from back in the day

[@reecegaudette]

Looking forward to more positive yaps next week Farmer Daxi. Hope your week has been good.

[@xXxSiNiiSTERxXx]

I wish I would have commented soon enough on your last yap sesh video , for you to get a chance to see an insight POV from someone who plays the game the way that I am basically forced to..

[@random75491]

You challenged farmer trainer to a battle! Blu-bleh-blew-bleh-ble-blew! 😂

[@fraxz88]

Imagine if the game took Daxis likeness and he was in the game like professor oak. Then he still doesn't get paid.

[@bradameerbeg2154]

What of you were a tram driver in Melbourne for 12 months, and adventure sync racked up 78,000 kms while your phone was not even playing the account, ie, sleep mode, running in the background? Can they ban us for that?

[@breeezy3584]

Can Children sign contracts? Niantic will probably receive more lawsuits than less. This is becoming a different kind of entertainment. Can’t wait to see what happens.

[@MarkFonts]

that’s what niantic kids sign in is for. no, children aren’t able to sign contracts and are supposed to have their guardian sign it, that’s why they ask your birthday when you download. the company cannot be held liable if you lie about your birthday and then enter a TOS you shouldn’t. and it would just void protections from the TOS, and their account could be terminated ¯\_(ツ)_/¯ why would they get sued bro

[@aaronnhem7282]

I love how they limit how many grunts you can do during a team rocket event, then have a 75 million global team rocket challenge the very next event

[@BrianT-tx6pi]

I would beleive that this user agreement would only be good in America! If they are sued in a foreign country i feel the user agreement would be null and void!

[@Miklo_1]

You buy your Pokemon but you don’t own them. So if you don’t agree you lose your Pokemon you purchased!😂😂😂 I am free 2 play. 😅

[@johnnyhellkite6347]

Disney has something like that in their Disney+ terms of service. Some lady died at Disney world and the family could do nothing. I saw it on the legal eagle channel here on the tube.

[@Miklo_1]

Why do they make it so hard to opt out? Why can we opt in through the app, but why can’t we opt out through the app?

[@tonyk438]

I think if you really read the TOS for any games you'd see many similarities. I don't see that these are any more exploitive than most games. I don't think they'll terminate accounts because that goes to drawing in advertisers. Fewer players means they can charge less for advertising. remember how twitter was fudging the "active user" numbers? Just remember everyone, in a free to play game you (and your data) are the product.

[@JJ-dm3lt]

I uninstalled and haven't looked back since. Cant wait for DeMA to show us what they can do. Extremely glad Niantic did not get the pokemon card pocket franchise. I suggest others do the same! I do not miss the game at all.

[@MrStasyk420]

Peole are way to paranoid in here my god lol

[@DareDevil0504]

Sounds like it's a good thing I quit playing Pokémon Go a few years ago because I live in an area that has jack crap to play around here and I'm not drive 3 to 4 hours to the next decent size city to play like I used to before I moved

[@jamescc4433]

I personally think these are no where near as egregious as people are making out. For Niantic to invest in keep pushing the game forward, in terms of new features, content and detecting cheats, they must have terms that protect them. Also just because they CAN doesn’t mean they WILL. Do you really think they would delete people’s pokecoins without compensation? No. But would they somehow change the in game shop and for whatever reason want to convert your pokecoins into poke bucks without you suing them to keep your in game currency? Yes. It is interesting how in your video about Wayfarer you explain how you think it’s best to trust people and assume the best yet that is clearly not how you are looking at Niantic right now.

[@rikavanderhofstad]

some other youtuber mentioned this. but the one where they state they can remove any item from ur account without a refund could be for cases like with black nd white kyurem. people were not supposed to be able to get those pokemon so it would be i think normal that those could be removed.

[@ArchRuler]

At 18:00 niantics more saying we not reimbursing your hotel or travels or lost wages but we will have an in game make up event in the future maybe.... we are niantic after all

[@grover0303]

omg im currently looking for a editing job and was thinking about it right before you mentioned it!

[@thalmorbiznitch4028]

They can easily find plenty of cheaters if they were serious about it on Twitter and twitch. They only care about the cheaters that are doing it in a way that DOESN’T make them a ton of money (like spoofers who aren’t buying a ton of raid passes and boxes)

[@LeeMiller333]

He worded it carefully and says he doesn't sell your specific data, but he sells your data in a group. And he worded it like that so some people, you included, wouldn't catch it. And now you're repeating it to thousands of people. That or you're sponsored and purposely getting it wrong.

[@Initialxg2]

Botanical garden

[@NeightrixPrime]

No video on them removing the throw exploit after nearly a decade?

[@revaneshkumar934]

So we aren't allowed to use third party apps like pokegenie, pokeraid etc?

[@animegamer262447]

I caught a shadow hundo Stantler from a grunt recently. No, it isn't the most exciting hundo to catch, but personally, I just square up with whatever Grunt pops up.

[@johnlatimer8601]

😂😂👏🏾👏🏾

[@mariolopez6558]

Omg 43 minutes let me go make some popcorn

[@ArchRuler]

At 10:20 they talking campfire and other niantic apps. Which campfire tos..... they can read ur last viewed web page.... etc.

[@RyanRyanxi]

The other monopolies in canada are Bell and Rogers between tv and cellphones, you only have a choice of 2 companies and all the subsidiary companies they own. and they all kinda suck lol

[@jonathancolon324]

so having an auto catcher and auto poke stop spinner isn't cheating?

[@lelouchchanbc]

If, one day any Pokemon Go global challenges FAIL to achieve even though attractive bonuses are coming after players successfully completed the global challenge. Reason is this is because a lot of boring and tedious in game events that make players quit Pokemon Go. Not many players were remaining to play Pokemon Go so global challenges fail to achieve. Incredible bonuses after completing all bonus challenges also fail to induce players to play Pokemon Go.

[@gengarjoker3412]

having multiple accounts and helping others is breaking TOS too.

[@charlescalvin3421]

Niantic now is EA 3.0 😢

[@luedanger561]

Shout out to Brandon and Becky! We all wish you the best in your future endeavors

[@OO-rt9yf]

It would be cool if they undid the speed limit now …

[@evranjamil538]

Niantic ripped me off I want my money back OK

[@RulesOvNature69]

While the ToS is demonstratively one-sided, I think the changes wouldn't be so dystopian if there were an appeal process or human customer service systems in place. I wish Niantic didn't hate me for playing a game that I love

[@Falutia]

Its very similar to the disney policy that makes disney legally allowed to kill someone without repercussions because they own a disney+ account. Sadly its a true story and needing to accept these conditions just to play the game? To me it’s disgusting

[@Jpansta]

Funny cause that’s the only example you can cite cause it’s in the news. Terms of service are there for you to read. You don’t wanna read them then that’s on you. No one is twisting anyone’s arms to sub to services or play games.

[@Falutia]

@@Jpansta reading it or not, it does not change the fact that it’s immoral

[@Jpansta]

@@Falutia It’s also a choice.

[@Falutia]

@@Jpansta it quite literally kicks you out of the game if you dont click accept so no

[@Jpansta]

@@Falutia Right. That’s saying if you don’t like their terms you don’t play. Thats your choice. Where do complicated about this? It’s just a game I bet you’ll be ok not playing it. And I bet you’d be surprised if you red the terms of service for ANY game you play. You just never have.

[@trueenvy245]

Most of the money I’ve spent on the game involved costumes/outfits. When avatars changed, almost all the outfits i purchased changed how they look. Nearly all of them I’m no longer interested in. With the new TOS it gives them a free ticket to just say look at TOS and end the conversation.

[@baltor-]

Niantic is def planning smth and won't be compensating for that!

[@joelmartinez2896]

I edited for a couple of realtors so my knowledge of the software is really good. I use adobe premiere pro! Did editing for a couple of years!

[@M1stxrM0]

What are the raids for next month i need to know

[@alpahc]

Why would anyone assume that your thoughts are in the first place ?

[@G0ZILLER]

Talk about how fusion energy is impossible to obtain now please

[@drumms22]

You can still sue but it can't be a class action lawsuit.

[@LTDLimiTeD1995]

Disney: "We unalived a woman in our parks, but because of D+'s ToS, we can't be sued!" Niantic: "Interesting...."

[@williamandren]

Speech of the century "Brother, those are my pokecoins"

[@therealhonestraider7921]

#2 that you listed was ONLY put in place to prevent people from bringing legal action against the company for manipulating Go Battle League outcomes. Niantic has been taking money for tickets in Go Battle League... meanwhile they CONTINUE to manipulate outcomes by matching you against people you have quite literally NO CHANCE AT BEATING due to the team composition (while they try and say its a match-making system based on ELO... which is completely false). So they are taking money for a system that is automatically rigged against the user. This violates 48 states laws regarding these issues. and in all 50 states it is a civil case that can and will be won. Niantic will argue that you signed the waiver... except you cannot waive a right that was already being broken by the companies policy. The waiver doesn't replace existing laws... and laws cannot be broken just because you wrote a TOS that says they can. There is plenty of legal precedent to ignore Niantics ToS claims of no action can be taken. This isn't a new strategy by a corrupt company. This strategy has already been rejected in 48 states and in federal courts.

[@Sharpshire]

Niantic says "Playing with multiple accounts for the same Service" is cheating does that mean playing on two different accounts

[@josephflores9705]

they would get less cheating if they didn't change the rules in the middle of things. They lost me last year or so when i bought a ton of incense and then they nerf the things right after. Its like being cheated by them. How can you demand integrity without giving it? trashing someone's account that is almost seen as an investment to them is crazy too.

[@keloke5852]

Botanical garden 😂😂🫡

[@PokeJackCollectibles]

When They released shadow timburr I could only find 3 fighting grunts and they were all shadow makuhita

[@unripetheberrby6283]

If something bad starts to happen, like big risk of losing my account because of some inactivity.. I will move my mon to HOME Very soon.. (Sucks I can't a Premium for more than the single 30-box-) This might be a tough next few years. Hope not :(

[@sachin7153]

Bro is really pushing in making his videos longer. 😊

[@Benguin1]

It’s just annoying seeing that he uploaded a new video just to be another 50 minute complaining session

[@sachin7153]

Yes 😅​@@Benguin1

[@angelzashez]

I disagree Niantic has a monopoly, the pokemon IP is just a strong competitive advantage. To use your metaphor, if McDonald's was to create a burger that was 2x as delicious and 1/2 the price so everyone started going there, that's not a monopoly.

[@wassupman911]

I tried opting out and they replied that I can't

[@rafaeljonathancamiloveraro4199]

Glad you put this topic out. I think you listen more to us than niantic

[@BlackZones55]

Ain't watching allat. Someone in the comments summarize

[@johnnybtheshooter1457]

Video starts around 5 minutes

[@RetroExhibitCollective]

Little late don’t you think? New TOS came out awhile ago lol other channels already touched based on it. I know you need views but make it make sense

[@DillingMinus]

Am I the only one knowing that these TOS are not "new"?? Only 2 new things that's it.

[@74camarolt]

And, yet, people will continue to pay the company over digital items that do absolutely nothing to further any tangible “good” in life. I have been playing since 2016, and not a single cent has been spent on the game. It only get’s more relieving to not pay them, too, as time goes on and things like this keep happening.

[@alisyed7659]

Only paying for Internet.