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Lt. Commander
Join Date: Dec 2007
Posts: 120
# 21
06-16-2010, 02:42 PM
Quote:
Originally Posted by Jnoh
What was the EULA saying there you wanted to use as a counterpoint? I didn't see anything in the legalese that applied, but I may have missed a line...

PS- there is now precedent that "implied agreement" can't be upheld in court, but iirc the few cases which overturned "implied agreement" as non-binding were rather high-profile cases, far outside the financial means of the average gamer. *shrug*
There's a more specific statement in the 'Terms of Use' document...
Quote:
10. Ownership/Selling of the Account or Virtual Items. Cryptic does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Cryptic owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including the virtual goods or currency appearing or originating in the Game, Cryptic Points or any other attributes associated with the Account or stored on the Service ("Game Assets"). Cryptic does not recognize any Game Assets transfers executed outside of the Game or the purported sale, gift or trade in the "real world" of anything related to the Game. Accordingly, you may not sell Game Assets for "real" money or otherwise exchange items for value outside of the Game. Any such sale or exchange is a material breach of this Agreement for which Cryptic may (but is not obligated to) immediately suspend or terminate your account.
http://www.startrekonline.com/terms_of_service

Quote:
Originally Posted by Jnoh
Regardless, its their game, their rules to change, and their fanbase to breach promise with and undermine loyalty from in order to reach a broader number of complainers. I';ve walked away from STO at this point and am still unsure if I'll seek any kind of partial refund or cancellation. I simply don't trust the company any longer to hold to any course and I am quite surprised to see them so ready to move against their core fanbase to appease the masses.
And Yes, the 'Terms of Use' does support this, (though the Refund is a different matter...)
Quote:
7. Your Right to Cancel Your Account. You have the right to cancel your Account at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute with Cryptic. This includes, but is not limited to, any dispute related to, or arising out of: (a) this Agreement or our enforcement or application of this Agreement; (b) the Materials, the Software or the Service provided through the Site or any change therein; (c) your ability to access and/or use the Software or the Service; or (d) the amount or type of fees, surcharges, applicable taxes, billing methods or any change to the fees, applicable taxes, surcharges or billing methods.

Cryptic reserves the right to collect fees, surcharges or costs incurred before you cancel your Account(s). In the event that your Account is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-game items (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything associated with it (such as points, tokens or in-game items).
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 22
06-17-2010, 10:55 AM
Quote:
Originally Posted by Borysthenis
Speaking as someone who got multiple preorders? Nope.

I got exactly what I paid for. And I greatly enjoyed them. And you know what? I still like them. I like them a lot.

We didn't lose anything when the C-Store versions went up. I'm glad I've had them all along, I'm glad I still have them now, and I'm not worried that other folks have them too.

My advice? Play your own game, enjoy your own game, and don't worry about other peoples' games. Your life will be happier.
I concur with this sentiment.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 23
06-17-2010, 11:16 AM
Quote:
Originally Posted by MightionNY View Post
You are not entitled to restitution just because something you already paid for is being offered to others via a different method and/or for a different amount than how you obtained it.
I'm half tempted to place this somewhere in my signature.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 24
06-17-2010, 03:14 PM
This thread is being closed due to a high volume of content the violates the Cryptic Studios Forum Usage Guidelines ~GM Tiyshen
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