Results 1 to 10 of 177

Hybrid View

  1. #1
    Player
    kikix12's Avatar
    Join Date
    May 2017
    Posts
    953
    Character
    Seraphitia Faro
    World
    Midgardsormr
    Main Class
    Scholar Lv 80
    Quote Originally Posted by ManuelBravo View Post
    See terms of use.
    See, this little part is extremely irritating to read. Do you know why?! Because it's absolutely wrong, in a lot of cases.

    If in the terms of service they wrote that you have to kill a kitten every time you want to log on, would you?! Heck, could you?! Would they be able to deny you service if you fulfilled the requirements otherwise?! If even one answer is different than 'no' for someone, then that person would need to see a specialist. And probably their local prosecutor if it would be for the first one...animal abuse is illegal in a lot of places of the world.

    If a clause in any contract (terms of service included) goes against the letter of the law, it is invalid. They can write anything and everything they want in terms of service. More, I'll tell you this. Many publishers of MMO's, especially F2P ones, KNOWINGLY and PURPOSEFULLY add clauses that are invalid (the "you will not take X to court" variation being the prime culprit), just cause it will stop people that don't know the law, while it won't really hurt them against those that do.

    If a law would obligate them to pay compensation, even if it is one of the things they wrote about in terms of service as exceptions, they will need to pay compensation if taken to court. Simple as that. The clause being in terms of service would be absolutely no argument at all and bringing it up could actually lead to a fine, instead of help their cause.

    However, as I said, this is LAW DEPENDENT, and it does NOT apply to all people, as the laws where they live apply, not the law where the servers are, where Square Enix is located or anything else on their side. And some countries offer more pro-consumer laws than others.

    It also does not apply at all, anywhere, if the issue is entirely on the ISP or any other middleman. How many people are affected or are not affected doesn't matter, only the source of the cause.

    All in all...unless there would be many people gathering up for a group law suit, this is all moot, because practice shows that the losses, even on a won case, would absolutely not exceed gains when the matter is over such amounts as are brought up here (monthly subscription).


    Now, don't get me wrong. I am neither telling anyone to go to court or anything of the sort. I am merely trying to inform you of the reality as it is seen by law, not by personal feelings of what is right or wrong. Cause law not always follows what one would call "common sense". And sometimes, like in this case, for a very good reason. You wouldn't want people literally sold into slavery just cause they ended up signing a contract that would enslave them, would you?! That's why law needs to trump over personal contracts, even if at times, it causes a completely innocent party to pay the price.
    (2)
    Last edited by kikix12; 11-11-2017 at 05:48 AM.

  2. #2
    Player ManuelBravo's Avatar
    Join Date
    Apr 2012
    Location
    Milpitas , CA
    Posts
    2,142
    Character
    Shinigami Zetta
    World
    Balmung
    Main Class
    Dragoon Lv 90
    Quote Originally Posted by kikix12 View Post
    See, this little part is extremely irritating to read. Do you know why?! Because it's absolutely wrong, in a lot of cases....

    .
    Their is a reason why it's call a business and all business know what may and will most likely happen specially online. For example; if it's a recurring charge until canceled and it specifically states that on their agreement just because the consumers have better things to do and refuse to balance their checkbook like responsible people, take the time to cancel properly, and still complain, why should a company pay for it? 2 years, 3 years, and then expect the company to give them a refund just because they didn't log in and use their service? being an online service this things are predictable and have and will most likely continue to happen. IF people can't say OK I read the contract, it's their rules, I ACCEPT TO THE TERMS and want to play is considered a matter a choice. IF the company feels it has effected enough people they may actually offer some type of compensation of their free will just like when their is a natural disaster. I mean it could be worse, at least their not Apple.
    (3)
    Last edited by ManuelBravo; 11-11-2017 at 05:55 AM. Reason: character limit

  3. #3
    Player
    kikix12's Avatar
    Join Date
    May 2017
    Posts
    953
    Character
    Seraphitia Faro
    World
    Midgardsormr
    Main Class
    Scholar Lv 80
    Quote Originally Posted by ManuelBravo View Post
    Their is a reason why it's call a business and all business know what may and will most likely happen specially online.
    And?! Law is law. As I said, they can write whatever they want in ToS, and only the parts that are not at odds with the law apply, even if all of them are present there.

    Quote Originally Posted by ManuelBravo View Post
    For example; if it's a recurring charge until canceled and it specifically states that on their agreement just because the consumers have better things to do and refuse to balance their checkbook like responsible people, take the time to cancel properly, and still complain, why should a company pay for it?
    And this is related to the topic...how?!

    Heck, I even wrote in my first post that what matters is the player having the possibility of playing, whether or not they actually try to do that. So this is really...yeah.


    I won't continue this any further. I told you about the law. I wrote quite a lot, approaching the matter from multiple parts. I even gave you examples that should have made you think (seriously, you completely brushed off the risk of SLAVERY being perfectly legal if it was how you say it is, aka. the contract trumping over law just cause you read and signed it?!). If you still think it's not like this...it's not my problem. In the first place, I couldn't care less what anyone does with their time or money. I just care about them having fair chance at making an educated decision.
    (2)

  4. #4
    Player ManuelBravo's Avatar
    Join Date
    Apr 2012
    Location
    Milpitas , CA
    Posts
    2,142
    Character
    Shinigami Zetta
    World
    Balmung
    Main Class
    Dragoon Lv 90
    Quote Originally Posted by kikix12 View Post
    In the first place, I couldn't care less what anyone does with their time or money. I just care about them having fair chance at making an educated decision.
    Now if only consumers could also make an educated decision and understand that this situation is common with online services specially with games. If people don't like the terms hey by own means they don't have to use the service. Lets face it most people claim to rage quit, and for the most part come back anyways of their own free will. So yeah not accepting something as basic as this is more of being spoiled and wanting everything to go their way. We all pay a subscription, we can all be affected by it at any time. Using the term Slavery over the terms of use? come on hence the key words I AGREE when your using the product. While I do feel bad for people who are struggling I can't feint ignorance and say that they are right.
    (3)