GoPro: Difference between revisions

Line 24:

Short summary of the incident (could be the same as the summary preceding the article).

=== Must agree to Terms of Use before using camera ===

===Must agree to Terms of Use before using camera===

Upon turning on the device, the device will ask you to agree to their Terms of Use agreement<ref>{{Cite web |date=2024-04-11 |title=Terms of Use |url=https://gopro.com/en/us/legal/terms |url-status=live |access-date=2025-11-24 |website=GoPro}}</ref> and will refuse to work until you agree.

==== Binding Arbitration Agreement ====

====Binding Arbitration Agreement====

Their Terms of Use which includes a binding arbitration agreement and waiver against class action lawsuits:<blockquote>

===== 20. Dispute Resolution; Binding Arbitration Clause and Class Waiver =====

=====20. Dispute Resolution; Binding Arbitration Clause and Class Waiver=====

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS.

Line 36:

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt-out to the following address: [email protected]. The notice must be sent within 30 days of April 11, 2024 or your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of Section 20.2. If you opt-out of the arbitration provisions, GoPro also will not be bound by them.</blockquote>

==== Products purchased on GoPro.com cannot be resold ====

====Products purchased on GoPro.com cannot be resold====

Their Terms of Use agreement has very strong language forbidding the resale of their products if purchased through GoPro.com. While this appears to be intended to prevent scalpers or unauthorised commercial resale, the text of the agreement does not provide any exceptions for end-users to re-sell their products after they have purchased them.<blockquote>End-Users Only/Resale Prohibited: this Site is intended only for sales to end-user customers who may use the GoPro products for personal or professional purposes. Products sold through the Site are not authorized for resale or export. The resale of a GoPro product without the authorization of GoPro is an infringement of GoPro’s intellectual property rights. By submitting an order on GoPro.com, you agree that you are not purchasing GoPro’s products for resale.</blockquote>The ability to sell an item is generally viewed as a fundamental right of ownership and in most jurisdictions, products sold via an authorised sale cannot be further restricted by the original vendor in this manner (one example is commonly known as the [[First-sale doctrine]]).

Their Terms of Use agreement has very strong language forbidding the resale of their products if purchased through GoPro.com. While this appears to be intended to prevent scalpers or unauthorised commercial resale, the text of the agreement does not provide any exceptions for end-users to re-sell their products after they have purchased them.<blockquote>End-Users Only/Resale Prohibited: this Site is intended only for sales to end-user customers who may use the GoPro products for personal or professional purposes. ''Products sold through the Site are not authorized for resale or export. The resale of a GoPro product without the authorization of GoPro is an infringement of GoPro’s intellectual property rights.'' By submitting an order on GoPro.com, you agree that you are not purchasing GoPro’s products for resale.</blockquote>The ability to sell an item is generally viewed as a fundamental right of ownership and in most jurisdictions, products sold via an authorised sale cannot be further restricted by the original vendor in this manner (one example is commonly known as the [[First-sale doctrine]]).

===Example incident two (''date'')===

@@ Line 24: / Line 24: @@
 Short summary of the incident (could be the same as the summary preceding the article).
-=== Must agree to Terms of Use before using camera ===
+===Must agree to Terms of Use before using camera===
 Upon turning on the device, the device will ask you to agree to their Terms of Use agreement<ref>{{Cite web |date=2024-04-11 |title=Terms of Use |url=https://gopro.com/en/us/legal/terms |url-status=live |access-date=2025-11-24 |website=GoPro}}</ref> and will refuse to work until you agree.
-==== Binding Arbitration Agreement ====
+====Binding Arbitration Agreement====
 Their Terms of Use which includes a binding arbitration agreement and waiver against class action lawsuits:<blockquote>
-===== 20. Dispute Resolution; Binding Arbitration Clause and Class Waiver =====
+=====20. Dispute Resolution; Binding Arbitration Clause and Class Waiver=====
 PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS.
@@ Line 36: / Line 36: @@
 You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt-out to the following address: [email protected]. The notice must be sent within 30 days of April 11, 2024 or your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of Section 20.2. If you opt-out of the arbitration provisions, GoPro also will not be bound by them.</blockquote>
-==== Products purchased on GoPro.com cannot be resold ====
+====Products purchased on GoPro.com cannot be resold====
-Their Terms of Use agreement has very strong language forbidding the resale of their products if purchased through GoPro.com. While this appears to be intended to prevent scalpers or unauthorised commercial resale, the text of the agreement does not provide any exceptions for end-users to re-sell their products after they have purchased them.<blockquote>End-Users Only/Resale Prohibited: this Site is intended only for sales to end-user customers who may use the GoPro products for personal or professional purposes. Products sold through the Site are not authorized for resale or export. The resale of a GoPro product without the authorization of GoPro is an infringement of GoPro’s intellectual property rights. By submitting an order on GoPro.com, you agree that you are not purchasing GoPro’s products for resale.</blockquote>The ability to sell an item is generally viewed as a fundamental right of ownership and in most jurisdictions, products sold via an authorised sale cannot be further restricted by the original vendor in this manner (one example is commonly known as the [[First-sale doctrine]]).
+Their Terms of Use agreement has very strong language forbidding the resale of their products if purchased through GoPro.com. While this appears to be intended to prevent scalpers or unauthorised commercial resale, the text of the agreement does not provide any exceptions for end-users to re-sell their products after they have purchased them.<blockquote>End-Users Only/Resale Prohibited: this Site is intended only for sales to end-user customers who may use the GoPro products for personal or professional purposes. ''Products sold through the Site are not authorized for resale or export. The resale of a GoPro product without the authorization of GoPro is an infringement of GoPro’s intellectual property rights.'' By submitting an order on GoPro.com, you agree that you are not purchasing GoPro’s products for resale.</blockquote>The ability to sell an item is generally viewed as a fundamental right of ownership and in most jurisdictions, products sold via an authorised sale cannot be further restricted by the original vendor in this manner (one example is commonly known as the [[First-sale doctrine]]).
 ===Example incident two (''date'')===