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  1. #1
    Player
    Eloc's Avatar
    Join Date
    Mar 2012
    Posts
    30
    Character
    Eloc Lightbringer
    World
    Excalibur
    Main Class
    Black Mage Lv 80
    Would it be possible to file a lawsuit against SE for failure to enforce its TOS?

    getting really tired of these bots. We need a way to light a fire under their asses and show them their is actual repercussions for allowing bots to run rampant like this.
    (1)

  2. #2
    Player
    Nixxe's Avatar
    Join Date
    Mar 2015
    Location
    Ul'dah
    Posts
    1,470
    Character
    Nixx Delumi
    World
    Sargatanas
    Main Class
    White Mage Lv 80
    Quote Originally Posted by Eloc View Post
    Would it be possible to file a lawsuit against SE for failure to enforce its TOS?

    getting really tired of these bots. We need a way to light a fire under their asses and show them their is actual repercussions for allowing bots to run rampant like this.
    Not a lawyer, but probably not. Aside from the fact that you agreed to arbitration as part of the ToS, I believe the following means any such case would be DoA:

    11.2 Disclaimer of Warranties. ASIDE FROM THE EXPRESS WARRANTY PROVIDED WITH THE SOFTWARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE GAME SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SQUARE ENIX IS MAKING THE GAME AVAILABLE "AS IS" WITHOUT ANY FURTHER WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE GAME. SQUARE ENIX DOES NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE.
    (0)

  3. #3
    Player
    Kes13a's Avatar
    Join Date
    May 2020
    Location
    Gridania
    Posts
    2,844
    Character
    Etherea Stormaire
    World
    Zalera
    Main Class
    White Mage Lv 100
    Quote Originally Posted by Eloc View Post
    Would it be possible to file a lawsuit against SE for failure to enforce its TOS?

    getting really tired of these bots. We need a way to light a fire under their asses and show them their is actual repercussions for allowing bots to run rampant like this.
    I do not think that a lawsuit like that would really go far, or do much. its their house and their rules, ToS agreements are usually written to cover such things

    plus, their weekly reports, while vague in the extreme, would show attempts by them to curb the bots.

    the only thing you could really do is be, or befirend, a large YouTuber or streamer and start having them do things on how bad botting is
    dropping sales and subscription rates as well as reputation that cheaters prosper in their game and can make real money doing it... will be the only metric they understand
    (0)