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Plain-English summary
This review of Scopely Explore's Terms of Service identifies several significant concerns for users. The terms include a mandatory arbitration clause (risk_flags-1) which requires most disputes to be settled through binding arbitration, meaning users waive their right to a jury trial and cannot participate in class action lawsuits. Furthermore, Scopely Explore limits its liability for damages (risk_flags-4) and caps total liability at $1000 or £1000. The company may terminate accounts without notice or refund for lost services (risk_flags-6) and reserves the right to terminate services or content, including virtual items, without notice (cancellation_renewal-1, cancellation_renewal-2). Additionally, all services and content are provided "as is" with a broad disclaimer of warranties, and users assume all risks associated with participating in events (risk_flags-8). The company also has a broad license to use user-generated content (data_use-1).
88% confidence
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Risk Flags
4 findings
Critical terms that may pose significant risks, including limitations of liability, arbitration clauses, and disclaimers of warranties.
high95% confidence
Mandatory Arbitration
Disputes between users and Scopely Explore will be resolved by binding and final arbitration, with limited exceptions for individual small claims or intellectual property protection actions.
Why it matters: Users waive their right to sue in court and have a trial in front of a judge or jury for most disputes, as these will be resolved by binding arbitration.
If you live in the US or another jurisdiction which allows you to agree to arbitration, you and Scopely Explore agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Services or of the Sites, any products sold or distributed through the Sites, the Services, or the Terms and prior versions of the Terms (each, a “ Dispute ”) 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
Scopely Explore and parties involved in delivering services or content will not be liable for 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.
Why it matters: Users may not be able to recover certain types of damages, such as lost profits or data, in legal actions against Scopely Explore, even if the company is at fault.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER SCOPELY EXPLORE NOR 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
7.4 Event Features and Cancellation, paragraph 32 · Citation strength: strong
medium85% confidence
No Refunds for Involuntary Account Termination
If Scopely Explore terminates a user's account due to a breach of terms, the user acknowledges that the company has no obligation to reimburse or refund for lost services.
Why it matters: If a user's account is terminated for violating terms, they will not receive a refund for any services they have paid for but can no longer use.
You acknowledge that Scopely Explore has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account.
Terms, paragraph 7 · Citation strength: strong
medium90% confidence
Assumption of Risks for Events
Users willingly, knowingly, and voluntarily assume all risks occurring before, during, or after an Event, including injury, damage, loss, or theft of property.
Why it matters: Users are responsible for any injuries, damages, losses, or theft that occur while attending or participating in an Event, even if caused by unforeseen risks.
Unless prohibited by applicable law, you agree that by purchasing tickets to, participating in or attending an Event, you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after the Event, including injury by any cause and damage, loss, or theft of property.
5.2 Rights Granted by You - User Content, paragraph 50 · Citation strength: strong
Data Use
1 finding
Details on how user data is collected, processed, and shared.
medium95% confidence
Broad License to User Content
Users grant Scopely Explore a nonexclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote, and distribute their User Content in connection with operating and providing the services and content.
Why it matters: Scopely Explore can use user-generated content in various ways, including for marketing and promotional purposes, without needing further permission or providing compensation.
By making any User Content available through the Services you grant to Scopely Explore a nonexclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and Content to you and to others.
5.2 Rights Granted by You - User Content, paragraph 1 · Citation strength: strong
Cancellation and Renewal
1 finding
Terms related to account termination, subscription cancellation, and renewal processes.
medium90% confidence
Account Suspension or Termination Without Notice
Scopely Explore may suspend or terminate a user's access to and use of the Services at its sole discretion, at any time, and without notice to the user, for reasons including non-compliance with terms, suspected fraud, cheating, misuse of content/services, or other unlawful activity.
Why it matters: Users could lose access to their account and services without prior warning if Scopely Explore suspects certain behaviors, even if those suspicions are later found to be incorrect.
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated with your Account.
Potentially overlooked clauses that might have significant implications for users.
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Protections
3 findings
Consumer-friendly commitments and clauses that benefit users.
Protection90% confidence
Advance Notice for Virtual Item Discontinuation
If Scopely Explore discontinues the use of Virtual Money or Virtual Goods, they will provide reasonable advance notice by posting a notice through the Services or other communications.
Why it helps: This provides users with a heads-up if virtual currency or items they possess will become obsolete, allowing them time to use them or prepare for their loss.
If we discontinue the use of Virtual Money or Virtual Goods, we will provide you with reasonable advance notice by posting a notice through the Services or through other communications.
5.2 Rights Granted by You - User Content, paragraph 14 · Citation strength: strong
Protection90% confidence
Parental Consent for Child Account Creation
For Services that permit Child participation, parents or legal guardians must provide verified consent through a Parent Portal or an authorized third-party provider before a child can use the services and create an account.
Why it helps: This mechanism ensures that parents have control over their child's access to services and the creation of their accounts.
For Services that permit Child participation, parents or legal guardians (“ Parents “) must provide verified consent. Parents can provide and verify their consent through the Parent Portal ), or through another authorized third-party provider made available through the Service. Where Parental consent is required, Scopely Explore recommends that Parents monitor the Child’s online activity and use of the Service.
Users have 30 days to opt out of the arbitration agreement.
Why it helps: This allows users to retain their right to pursue disputes in court rather than being limited to arbitration.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
Terms, paragraph 5 · Citation strength: strong
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