Arbitration or court: what do platforms' terms say about disputes?
Of the 15 platforms I read: arbitration, 11; courts, 4. Each quote is the platform's exact wording, with a link to the page it came from.
Arbitration (11)
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shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement.
Source Disputes go to individual binding arbitration (administered by NAM, with ADR Services as fallback) after a 60-day informal resolution period; there is a class action and jury trial waiver, New York law and New York courts for anything not arbitrated, and a one-year filing limit. A 30-day opt-out from arbitration is offered. -
You and we agree to resolve disputes through mandatory arbitration and waive the right to participate in class actions
Source For users in the United States: binding individual arbitration, a class-action waiver and Delaware law. The terms apply the arbitration clause only to users in the United States. -
we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration
Source For Users located in the United States, disputes go to binding AAA arbitration before a single arbitrator, with a class and representative action waiver and jury waiver. Arbitration applies to users in the United States only.Creator terms sit in a separate "Terms of Service for Creators and Agencies", which I have not read.
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any disputes arising out of these terms of service or your access or use of the Platform will be resolved through binding arbitration.
Source Disputes go to binding arbitration (ICDR, one arbitrator, virtual), with a class action and jury waiver; Delaware law applies in the Western Hemisphere and Cyprus law in the Eastern Hemisphere. -
The parties will settle all claims and disputes arising out of or relating to this Agreement by binding online/virtual arbitration
Source Disputes go to binding online arbitration with Arbitration Resolution Services, Inc.; California law governs; there is a class action waiver and a jury trial waiver.Payout terms sit in a separate Artist Agreement, which I have not read.
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shall be finally settled by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures.
Source Binding JAMS arbitration seated in Florida after 30 days of informal negotiation; Florida law governs; a class action waiver applies; Florida courts for other proceedings. -
through binding and final arbitration instead of through court proceedings.
Source Users located in the US resolve disputes by binding AAA arbitration before a single arbitrator with a class and representative action waiver; governing law is Cyprus, with exclusive venue in a court in Limassol, Cyprus. Arbitration applies to users in the United States only. -
either party must submit the issue to binding arbitration in accordance with applicable Arbitration Ordinance.
Source Disputes go to binding arbitration by a single arbitrator in the Republic of Cyprus under Cyprus law, after good-faith negotiation; the arbitrator cannot certify a class action, and intellectual property claims are excepted.Creators also sign a Content Provider Supplement Agreement, which I have not read. The terms say it covers the rights creators grant and their warranties; the public creator terms I read cover referral rewards, not earnings.
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either party must submit the issue to binding arbitration in accordance with applicable Arbitration Ordinance.
Source After good-faith negotiation, disputes go to binding arbitration by a single arbitrator in Cyprus under Cyprus law, with a jury trial waiver. Intellectual property and injunction claims are excepted. The Ad Revenue Agreement gives the courts of Cyprus exclusive jurisdiction in one clause and requires binding arbitration in Cyprus in the next.I read the general terms and the Ad Revenue Agreement. I have not read the separate Creators' Program terms.
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through final and binding arbitration.
Source Claims are resolved by final and binding arbitration before the Arbitration Court attached to the Czech Chamber of Commerce (three arbitrators, seat Prague, Czech language unless the claimant elects English); Czech law governs; class and representative actions are not allowed. -
will be resolved by binding individual arbitration and not in court.
Source Disputes are resolved by binding individual arbitration run by the AAA in Los Angeles County, California; California law governs; class actions and representative proceedings are not allowed.
Courts (4)
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the courts of England and Wales will have exclusive jurisdiction over any claim which arises out of or in connection with your agreement with us
Source For business users, the terms apply the law of England and Wales and give its courts exclusive jurisdiction. The terms I read have no arbitration clause. This is the rule for business users, defined as users on the platform for commercial reasons. -
VENUE IN ANY ACTION OR PROCEEDING COMMENCED PURSUANT TO THIS AGREEMENT SHALL LIE IN FORT LAUDERDALE, FLORIDA
Source The terms apply Florida law and give the federal and state courts in Fort Lauderdale, Florida exclusive jurisdiction. The terms I read have no arbitration clause. -
the courts of Montreal, Quebec, Canada shall have exclusive jurisdiction to settle any dispute or claim
Source Disputes go to the courts of Montreal, Quebec, under the laws of Quebec and the federal laws of Canada. -
the Courts of the city of Limassol shall hear such matter, expressly and voluntarily waiving any other jurisdiction
Source The terms apply Cyprus law and send disputes to the courts of Limassol, Cyprus, unless a mandatory legal provision says otherwise. The terms I read have no arbitration clause.Creators sign a separate Content Creator Agreement, which I have not read.
Not read
Stripchat. I could not read its terms page with the tools I used, so I left it out rather than guess.
NiteFlirt. I read only its rules page, not its user agreement, so I left it out rather than report silence.
The other questions
I'm not a lawyer. These pages record what the documents said the day I read them, so read the source before you act on any of it.