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Lt. Commander
Join Date: Dec 2007
Posts: 120
# 117
02-07-2010, 07:22 AM
Originally Posted by Castor View Post
Even by a game developer or publisher claiming you agree to downtime, bugs, etc, etc the EULA and ToS are not ironclad. More EULA's and ToS's have been deemed worthless is court then have been upheld.

Oh and the bit about game play changing, that is another bogus byline companies use that does not and never will stand up in a court of law. It is too ambiguous to be used as a legal safeguard.

To put it in a way that any young adult or older should grasp you need to view a game as any other product you pay money for. There is a reasonable expectation attached to all products and services in the U.S. When those reasonable expectations are not met and money has changed hands the customer is due relief or remedy to either replace the faulty product or a refund when no replacement can be made. Tort laws cover this but you will never find a lawyer worth a damn or dumb enough to take one persons case to court over $60. If you could find enough people to fill a class action suit that would make it worth their while then you have something but you would only end up getting about 10% of the $60 you would be seeking.

It would be better to simply do a charge back on your credit card and if that is not possible go to your local magistrate court or small claims court and file something for the return of your $60 because of a faulty product and services that do not meet reasonable expectations. And yes both of these avenues work as they have been documented as working in a host of other games.
There are two things to bring up here:
A) perhaps the EULA is not legally binding, I'm no lawyer, I couldn't say, even if it is as solid as a contract, you can still sue if you don't feel the other party has upheld their end of a contract, it'd be up to the courts to decide if they did or not.
B) BUT you have to remember that you do not have a RIGHT to this game, you have the privilege of giving them your money to play this game. You can take them to court, and may even get your money back for the game, and they then do have the right to refuse to EVER take your money again or let you play the game again, whether you think the game's complete to your satisfaction or not. People forget that, just because you can pay for it, the person charging doesn't have to take you money & provide the service.