ToS - Violation or not
Recently I read on a Telegram channel with around 1,000 subscribers that: "A park that is open to the public until a certain time, could not have player actions" as this would violate the ToS.
That is true? How are the security guards, employees and dozens of other people who have access at times outside of public service? Would these potential players be violating the ToS?
I've never read anything like this on the official NIA channels or on ToS. But, it doesn't hurt to ask.
@NianticBrian @NianticThia Could you provide official information about this?
Could anyone contribute official information taken from the ToS regarding this?
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Comments
No thats not a violation those that have access outside open hours
If its the same discussion I saw in the same chat, then it was not specifically about the entire park being off-limits. It was more of a discussion on what counts as trespassing (which is against TOS as "No Trespassing" is part of the Player Guidelines) and at what point Niantic should ban a player for it. I believe the discussion was along the lines of "If I enter a park that closes at 8pm, but there are no fences, gates or employees to enforce this rule, only a sign saying so, is there any harm in still going in to play?"
I don't think it's the same.
This publication intends to talk about what is prohibited by the ToS, such as the use of modified software, multi-accounts, GPS spoofing. It also mentions that access to parks or establishments that have specific opening hours for the public is also prohibited and considered cheating and prohibited by the ToS.
If only this were real. An IT employee could never capture a shopping mall portal that closed its public activities at 10:00 pm, for example. because that's what the post made clear and specific.
Nobody should ever get banned for trespassing. Niantic cannot know who is allowed and who isn't so they can't do anything about it. It's against the rules but it's not enforced in any way. It's just not possible to enforce it.
LOL I will never forget the enraged comm messages from a certain toad the night that I was in a "closed" coastal civil war fort to light up an anchor for a statewide BAF (back when control fields meant something).
I had gone earlier that day and asked the staff about entering at night to "take night photos" (which I did).
They told me sure, just walk around the gate and enter on the beach side. No worries.
https://youtu.be/wg1CkIOrDgs?si=DyQs_Xqu6EXB_hsP
weird thing post a random youtube link to the discussion and expect people to watch it
(You know the rules and so do I. You wouldn't get this from any other guy.) Most people these days don't click on youtube links that have no context...
Back on track, TOS does not prohibit players who have special access to an area, from accessing that area at times when the general public cannot. It only addresses trespassing which has a specific definition related to unauthorized access.
What's the matter - afraid of a little rickroll 😀