If you have a dispute with Activision, you must resolve it through one-on-one arbitration rather than going to court, and you cannot join with other users in a class action lawsuit.
This analysis describes what Activision's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause limits your ability to sue Activision in court or join a group lawsuit, which can significantly reduce practical legal recourse for individual consumers with smaller claims.
Interpretive note: The full operative language of Section 4 is not reproduced in the truncated document text provided; enforceability and opt-out mechanics depend on that complete text and vary by jurisdiction.
Users who experience harm from Activision products or services lose the ability to pursue claims in court or as part of a class action, meaning they must individually arbitrate disputes, which can be procedurally complex and costly relative to the value of a typical gaming-related claim.
How other platforms handle this
You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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"IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 4— Excerpt from Activision's Activision Terms of Use
1) REGULATORY LANDSCAPE: This provision implicates the Federal Arbitration Act (FAA), which generally supports arbitration clause enforceability in the US, and the FTC Act, under which the FTC has scrutinized mandatory arbitration clauses in consumer contracts. EU Directive 93/13/EEC on unfair contract terms and the Consumer Rights Directive generally render mandatory arbitration clauses in consumer contracts unenforceable against EU consumers; the FCA and UK consumer contract regulations create similar constraints in the UK. State-level limitations, including California's history of arbitration clause litigation, create additional exposure. 2) GOVERNANCE EXPOSURE: High. Mandatory arbitration with a class action waiver in a consumer-facing gaming context is a high-profile area of regulatory and legislative attention. While currently broadly enforceable in the US under the FAA, the enforceability in EU/UK jurisdictions is materially constrained, and the company may face regulatory challenge or reputational risk if the clause is not appropriately scoped by geography. 3) JURISDICTION FLAGS: EU/EEA and UK users face heightened exposure because local consumer protection law typically renders such clauses void as unfair terms. California has historically been an active litigation jurisdiction for arbitration clause challenges. Minors present additional complications, as contracts with minors are voidable in many jurisdictions regardless of parental consent. 4) CONTRACT AND VENDOR IMPLICATIONS: B2B partners and developers integrating Activision APIs or SDKs should confirm whether this arbitration clause applies to their relationship or whether separate commercial agreements govern. The clause's scope (covering 'use of this Activision website, application, account, product, service or other property') is broad and may capture ancillary business relationships depending on how access is established. 5) COMPLIANCE CONSIDERATIONS: Legal teams should confirm whether the arbitration opt-out mechanism, if one exists in Section 4, is sufficiently disclosed and accessible under consumer protection standards. Geo-fencing or jurisdiction-specific carve-outs for EU/UK users may be necessary to reduce regulatory exposure. The opt-out process and deadline should be reviewed for compliance with FTC guidance on clear and conspicuous disclosure.
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This clause limits your ability to sue Activision in court or join a group lawsuit, which can significantly reduce practical legal recourse for individual consumers with smaller claims.
Users who experience harm from Activision products or services lose the ability to pursue claims in court or as part of a class action, meaning they must individually arbitrate disputes, which can be procedurally complex and costly relative to the value of a typical gaming-related claim.
ConductAtlas has identified this type of provision across 11 platforms. See the full comparison.
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