Pages: 1 2 [3] 4 5 6 :: one page |
|
Author |
Thread Statistics | Show CCP posts - 0 post(s) |
Ryder Azorria
Amarr Templars Amarr Empire
180
|
Posted - 2013.04.14 12:27:00 -
[61] - Quote
JL3Eleven wrote: Dude its OFFICIALLLY stated we are not commercial released. By CCP themselves!
Forum post != legal document.
Kitten it, it's like arguing with a petulant 12 year old.
EULA wrote: You are responsible for reviewing the Fees section of the Game for changes in the Fee or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in section 13 below. You are responsible for paying all applicable taxes and for all hardware, software, Internet service, and other costs you incur to access the System.
Legally, since your "sole and exclusive remedy" is to terminate the EULA and shut your account, not b*tching on the forums - either do so or STFU. |
JL3Eleven
Pink Fluffy Bounty Hunterz Noir. Mercenary Group
286
|
Posted - 2013.04.14 12:27:00 -
[62] - Quote
Can we agree to disagree and blame CCP for not providing any real answers?
I have no ill will against anyone btw. |
JL3Eleven
Pink Fluffy Bounty Hunterz Noir. Mercenary Group
286
|
Posted - 2013.04.14 12:28:00 -
[63] - Quote
Ryder Azorria wrote:JL3Eleven wrote: Dude its OFFICIALLLY stated we are not commercial released. By CCP themselves!
Forum post != legal document. Kitten it, it's like arguing with a petulant 12 year old. EULA wrote: You are responsible for reviewing the Fees section of the Game for changes in the Fee or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in section 13 below. You are responsible for paying all applicable taxes and for all hardware, software, Internet service, and other costs you incur to access the System.
Legally, since your "sole and exclusive remedy" is to terminate the EULA and shut your account, not b*tching on the forums - either do so or STFU.
What change? |
Ryder Azorria
Amarr Templars Amarr Empire
180
|
Posted - 2013.04.14 12:31:00 -
[64] - Quote
JL3Eleven wrote:Ryder Azorria wrote:JL3Eleven wrote: Dude its OFFICIALLLY stated we are not commercial released. By CCP themselves!
Forum post != legal document. Kitten it, it's like arguing with a petulant 12 year old. EULA wrote: You are responsible for reviewing the Fees section of the Game for changes in the Fee or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in section 13 below. You are responsible for paying all applicable taxes and for all hardware, software, Internet service, and other costs you incur to access the System.
Legally, since your "sole and exclusive remedy" is to terminate the EULA and shut your account, not b*tching on the forums - either do so or STFU. What change? 'Refund at full / commercial release due to reset' changed to 'no reset, therefore no refund.' |
JL3Eleven
Pink Fluffy Bounty Hunterz Noir. Mercenary Group
286
|
Posted - 2013.04.14 12:35:00 -
[65] - Quote
Ryder Azorria wrote:JL3Eleven wrote:Ryder Azorria wrote:JL3Eleven wrote: Dude its OFFICIALLLY stated we are not commercial released. By CCP themselves!
Forum post != legal document. Kitten it, it's like arguing with a petulant 12 year old. EULA wrote: You are responsible for reviewing the Fees section of the Game for changes in the Fee or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in section 13 below. You are responsible for paying all applicable taxes and for all hardware, software, Internet service, and other costs you incur to access the System.
Legally, since your "sole and exclusive remedy" is to terminate the EULA and shut your account, not b*tching on the forums - either do so or STFU. What change? 'Refund at full / commercial release due to reset' changed to 'no reset, therefore no refund.'
We are saying for the second time now. Only the original ones with original statement not all *unless Game Stop. |
Garrett Blacknova
Codex Troopers
2475
|
Posted - 2013.04.14 12:37:00 -
[66] - Quote
Ryder Azorria wrote:1: I'm guessing your friends mom didn't read the EULA (I have. Spoiler: you're screwed.) EULA wrote: You are responsible for reviewing the Fees section of the Game for changes in the Fee or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in section 13 below. You are responsible for paying all applicable taxes and for all hardware, software, Internet service, and other costs you incur to access the System.
No, she didn't read the EULA.
There's a good reason for that. It's not relevant to the purchase agreement, the contents of which include the product description as it stood at the time of purchase.
Doesn't matter what civilised country you're applying the laws for - I'd say "even" Britain, but "especially" might fit better, since they offer better consumer protection than most US states, in which this is still not legal - but you can't retroactively use a digital product's EULA to get out of ANY detail included in a purchase agreement.
Spoiler: The product description in an online store legally comprises a part of the purchase agreement. |
DJINN leukoplast
Hellstorm Inc League of Infamy
372
|
Posted - 2013.04.14 12:40:00 -
[67] - Quote
JL3Eleven wrote:DJINN leukoplast wrote:ALM1GHTY STATIUS wrote:Over not getting reimbursed for game-launch on the aurum I bought. I recommend anyone else do the same if this pissed you off. Give up all the SP, ISK, and anything else you gained from using that Aurum, and you might have my support. Otherwise stop trying to hustle CCP for something you are not owed. Sorry that's not the purchase agreement.
Who cares, you got what you paid for, end of story. If you were being shorted in some manner, then yes something needs to be done. But that isn't the case, so move on already and stop trying to get more than you paid for.
|
xaerael Kabiel
Immobile Infantry
23
|
Posted - 2013.04.14 12:43:00 -
[68] - Quote
Garrett Blacknova wrote:Ryder Azorria wrote:1: I'm guessing your friends mom didn't read the EULA (I have. Spoiler: you're screwed.) EULA wrote: You are responsible for reviewing the Fees section of the Game for changes in the Fee or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in section 13 below. You are responsible for paying all applicable taxes and for all hardware, software, Internet service, and other costs you incur to access the System.
No, she didn't read the EULA. There's a good reason for that. It's not relevant to the purchase agreement, the contents of which include the product description as it stood at the time of purchase. Doesn't matter what civilised country you're applying the laws for - I'd say "even" Britain, but "especially" might fit better, since they offer better consumer protection than most US states, in which this is still not legal - but you can't retroactively use a digital product's EULA to get out of ANY detail included in a purchase agreement. Spoiler: The product description in an online store legally comprises a part of the purchase agreement. By British law as well as US, NZ, Australian and most other countries that actually have consumer laws with any possibility of application to online purchases.
Uh, The EULA overrides everything. You're wrong.
Like I said before, If you can actually find a Lawyer stupid/desperate enough to take the case, try to prosecute. Don't be sad when you fail though. |
JL3Eleven
Pink Fluffy Bounty Hunterz Noir. Mercenary Group
286
|
Posted - 2013.04.14 12:43:00 -
[69] - Quote
DJINN leukoplast wrote:JL3Eleven wrote:DJINN leukoplast wrote:ALM1GHTY STATIUS wrote:Over not getting reimbursed for game-launch on the aurum I bought. I recommend anyone else do the same if this pissed you off. Give up all the SP, ISK, and anything else you gained from using that Aurum, and you might have my support. Otherwise stop trying to hustle CCP for something you are not owed. Sorry that's not the purchase agreement. Who cares, you got what you paid for, end of story. If you were being shorted in some manner, then yes something needs to be done. But that isn't the case, so move on already and stop trying to get more than you paid for.
But I'm still waiting to get what I paid for. And once we go to commercial release I will be refunded my all my first gen merc. packs and I will then be getting what I agreed too. |
ALM1GHTY STATIUS
Imperfects Negative-Feedback
300
|
Posted - 2013.04.14 12:44:00 -
[70] - Quote
I am only trying to get what I agreed to purchase. This is complete and utter bullshit that they'd even attempt anything such as this, I gave them MY money as an investment in the hopes of creating a better game, and now they stab me in the back by not fullfilling their end of the agreement AND take my money. unacceptable by any company. |
|
ALM1GHTY STATIUS
Imperfects Negative-Feedback
300
|
Posted - 2013.04.14 12:45:00 -
[71] - Quote
xaerael Kabiel wrote:Garrett Blacknova wrote:Ryder Azorria wrote:1: I'm guessing your friends mom didn't read the EULA (I have. Spoiler: you're screwed.) EULA wrote: You are responsible for reviewing the Fees section of the Game for changes in the Fee or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in section 13 below. You are responsible for paying all applicable taxes and for all hardware, software, Internet service, and other costs you incur to access the System.
No, she didn't read the EULA. There's a good reason for that. It's not relevant to the purchase agreement, the contents of which include the product description as it stood at the time of purchase. Doesn't matter what civilised country you're applying the laws for - I'd say "even" Britain, but "especially" might fit better, since they offer better consumer protection than most US states, in which this is still not legal - but you can't retroactively use a digital product's EULA to get out of ANY detail included in a purchase agreement. Spoiler: The product description in an online store legally comprises a part of the purchase agreement. By British law as well as US, NZ, Australian and most other countries that actually have consumer laws with any possibility of application to online purchases. Uh, The EULA overrides everything. You're wrong. Like I said before, If you can actually find a Lawyer stupid/desperate enough to take the case, try to prosecute. Don't be sad when you fail though. class action law suits are a rare fail especially with something like this where a company is clearly changing an agreement AFTER purchase.
|
xaerael Kabiel
Immobile Infantry
23
|
Posted - 2013.04.14 12:46:00 -
[72] - Quote
ALM1GHTY STATIUS wrote:I am only trying to get what I agreed to purchase. This is complete and utter bullshit that they'd even attempt anything such as this, I gave them MY money as an investment in the hopes of creating a better game, and now they stab me in the back by not fullfilling their end of the agreement AND take my money. unacceptable by any company.
No, you're being dishonest. You have to be a special kind of idiot to not understand the reasoning behind the original refund offer.
So pick, dishonest or idiot. |
JL3Eleven
Pink Fluffy Bounty Hunterz Noir. Mercenary Group
286
|
Posted - 2013.04.14 12:48:00 -
[73] - Quote
xaerael Kabiel wrote:ALM1GHTY STATIUS wrote:I am only trying to get what I agreed to purchase. This is complete and utter bullshit that they'd even attempt anything such as this, I gave them MY money as an investment in the hopes of creating a better game, and now they stab me in the back by not fullfilling their end of the agreement AND take my money. unacceptable by any company. No, you're being dishonest. You have to be a special kind of idiot to not understand the reasoning behind the original refund offer. So pick, dishonest or idiot.
What reasoning and what offer? |
DJINN leukoplast
Hellstorm Inc League of Infamy
372
|
Posted - 2013.04.14 12:51:00 -
[74] - Quote
JL3Eleven wrote:DJINN leukoplast wrote:JL3Eleven wrote:DJINN leukoplast wrote:ALM1GHTY STATIUS wrote:Over not getting reimbursed for game-launch on the aurum I bought. I recommend anyone else do the same if this pissed you off. Give up all the SP, ISK, and anything else you gained from using that Aurum, and you might have my support. Otherwise stop trying to hustle CCP for something you are not owed. Sorry that's not the purchase agreement. Who cares, you got what you paid for, end of story. If you were being shorted in some manner, then yes something needs to be done. But that isn't the case, so move on already and stop trying to get more than you paid for. But I'm still waiting to get what I paid for. And once we go to commercial release I will be refunded my all my first gen merc. packs and I will then be getting what I agreed too.
Since the last reset, everything you purchased was refunded to use again, which means you got what you paid for since there is no character resets anymore. All the millions of SP you likely got from boosters using Aurum and merc pack bonuses is permanently part of your character now.
You are owned absolutely nothing unless CCP resets us all again (which isn't happening).
|
xaerael Kabiel
Immobile Infantry
23
|
Posted - 2013.04.14 12:53:00 -
[75] - Quote
The refund clause was in place because the original intent was there would be a full server wipe. Keep up! |
Ryder Azorria
Amarr Templars Amarr Empire
181
|
Posted - 2013.04.14 12:56:00 -
[76] - Quote
Garrett Blacknova wrote:Ryder Azorria wrote:1: I'm guessing your friends mom didn't read the EULA (I have. Spoiler: you're screwed.) EULA wrote: You are responsible for reviewing the Fees section of the Game for changes in the Fee or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in section 13 below. You are responsible for paying all applicable taxes and for all hardware, software, Internet service, and other costs you incur to access the System.
No, she didn't read the EULA. There's a good reason for that. It's not relevant to the purchase agreement, the contents of which include the product description as it stood at the time of purchase. Doesn't matter what civilised country you're applying the laws for - I'd say "even" Britain, but "especially" might fit better, since they offer better consumer protection than most US states, in which this is still not legal - but you can't retroactively use a digital product's EULA to get out of ANY detail included in a purchase agreement. Spoiler: The product description in an online store legally comprises a part of the purchase agreement. By British law as well as US, NZ, Australian and most other countries that actually have consumer laws with any possibility of application to online purchases. You're right, under the British consumer laws that CCP is bound by, they are legally obligated to refund merc packs bought online through gamestop and the like (not anything bought through the game it's self as per section 4 of the EULA)
HOWEVER
Those legal rights are waived by signing the EULA (section 3 para 3).
EULA wrote:Upon termination of this beta, CCP may, in its sole discretion, delete or destroy all characters, character attributes, skills, and items acquired during the beta. As a participant in the beta, you acknowledge and agree you have no right to retain characters or their attributes, skills, or other acquired items. |
JL3Eleven
Pink Fluffy Bounty Hunterz Noir. Mercenary Group
286
|
Posted - 2013.04.14 12:57:00 -
[77] - Quote
DJINN leukoplast wrote:
Since the last reset, everything you purchased was refunded to use again, which means you got what you paid for since there is no character resets anymore.
Correct there are no more character resets unless major trouble. BUT there IS one for going into commercial release, which is yet to happen as stated by CCP.
DJINN leukoplast wrote:
All the millions of SP you likely got from boosters using Aurum and merc pack bonuses is permanently part of your character now.
Correct.
DJINN leukoplast wrote:
You are owned absolutely nothing unless CCP resets us all again (which isn't happening).
BUT there IS one for going into commercial release, which is yet to happen as stated by CCP.
|
JL3Eleven
Pink Fluffy Bounty Hunterz Noir. Mercenary Group
286
|
Posted - 2013.04.14 12:58:00 -
[78] - Quote
xaerael Kabiel wrote:The refund clause was in place because the original intent was there would be a full server wipe. Keep up!
Alas, but the plan changed. |
xaerael Kabiel
Immobile Infantry
24
|
Posted - 2013.04.14 12:59:00 -
[79] - Quote
JL3Eleven wrote: BUT there IS one for going into commercial release, which is yet to happen as stated by CCP.
Wrong. There's no more resets or wipes, unless something catastrophic happens.
Stop being dishonest. |
DJINN leukoplast
Hellstorm Inc League of Infamy
372
|
Posted - 2013.04.14 13:03:00 -
[80] - Quote
JL3Eleven wrote:DJINN leukoplast wrote:
Since the last reset, everything you purchased was refunded to use again, which means you got what you paid for since there is no character resets anymore.
Correct there are no more character resets unless major trouble. BUT there IS one for going into commercial release, which is yet to happen as stated by CCP. DJINN leukoplast wrote:
All the millions of SP you likely got from boosters using Aurum and merc pack bonuses is permanently part of your character now.
Correct. DJINN leukoplast wrote:
You are owned absolutely nothing unless CCP resets us all again (which isn't happening).
BUT there IS one for going into commercial release, which is yet to happen as stated by CCP.
There is no more resets, everything you have now will be part of Dust for the remainder of it's lifetime.
If they do reset, then you will get refunded like you have on past resets. But it isn't happening, 100% guaranteed.
|
|
JL3Eleven
Pink Fluffy Bounty Hunterz Noir. Mercenary Group
286
|
Posted - 2013.04.14 13:07:00 -
[81] - Quote
DJINN leukoplast wrote:JL3Eleven wrote:DJINN leukoplast wrote:
Since the last reset, everything you purchased was refunded to use again, which means you got what you paid for since there is no character resets anymore.
Correct there are no more character resets unless major trouble. BUT there IS one for going into commercial release, which is yet to happen as stated by CCP. DJINN leukoplast wrote:
All the millions of SP you likely got from boosters using Aurum and merc pack bonuses is permanently part of your character now.
Correct. DJINN leukoplast wrote:
You are owned absolutely nothing unless CCP resets us all again (which isn't happening).
BUT there IS one for going into commercial release, which is yet to happen as stated by CCP. There is no more resets, everything you have now will be part of Dust for the remainder of it's lifetime. If they do reset, then you will get refunded like you have on past resets. But it isn't happening, 100% guaranteed.
link? |
Rasatsu
Much Crying Old Experts
581
|
Posted - 2013.04.14 13:08:00 -
[82] - Quote
xaerael Kabiel wrote:JL3Eleven wrote: BUT there IS one for going into commercial release, which is yet to happen as stated by CCP. Wrong. There's no more resets or wipes, unless something catastrophic happens. Stop being dishonest. Sounds like something catastrophic is happening, so CCP should (selectively) reset. |
JL3Eleven
Pink Fluffy Bounty Hunterz Noir. Mercenary Group
286
|
Posted - 2013.04.14 13:09:00 -
[83] - Quote
xaerael Kabiel wrote:JL3Eleven wrote: BUT there IS one for going into commercial release, which is yet to happen as stated by CCP. Wrong. There's no more resets or wipes, unless something catastrophic happens. Stop being dishonest.
How am I being dishonest? |
GeneralButtNaked
ZionTCD Legacy Rising
290
|
Posted - 2013.04.14 13:10:00 -
[84] - Quote
Ryder Azorria wrote:EULA wrote:Upon termination of this beta, CCP may, in its sole discretion, delete or destroy all characters, character attributes, skills, and items acquired during the beta. As a participant in the beta, you acknowledge and agree you have no right to retain characters or their attributes, skills, or other acquired items. EDIT: Anyone who bought a merc pack through gamestop or similar, and did NOT sign the EULA are in fact entitled to a full refund, but since they have not used any of the items or aurum by virtue of not actually playing the game, it makes absolutely no difference to them at all.
Maybe I am misreading this, but are those "acquired items" actually "items acquired during the beta" or are they purchased goods separate from the beta?
Seems like a very fine description, and would require actual legal minds to explore. IANAL, so I'll skip out on the legalese.
All of this seems like a fools errand, but a part of me hopes they just say F it and reset everyone. I would get a good laugh out of it. |
Garrett Blacknova
Codex Troopers
2475
|
Posted - 2013.04.14 13:15:00 -
[85] - Quote
Ryder Azorria wrote:Garrett Blacknova wrote:Ryder Azorria wrote:1: I'm guessing your friends mom didn't read the EULA (I have. Spoiler: you're screwed.) EULA wrote: You are responsible for reviewing the Fees section of the Game for changes in the Fee or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in section 13 below. You are responsible for paying all applicable taxes and for all hardware, software, Internet service, and other costs you incur to access the System.
No, she didn't read the EULA. There's a good reason for that. It's not relevant to the purchase agreement, the contents of which include the product description as it stood at the time of purchase. Doesn't matter what civilised country you're applying the laws for - I'd say "even" Britain, but "especially" might fit better, since they offer better consumer protection than most US states, in which this is still not legal - but you can't retroactively use a digital product's EULA to get out of ANY detail included in a purchase agreement. Spoiler: The product description in an online store legally comprises a part of the purchase agreement. By British law as well as US, NZ, Australian and most other countries that actually have consumer laws with any possibility of application to online purchases. You're right, under the various consumer laws that CCP is bound by, they are legally obligated to refund merc packs bought online through gamestop and the like (not anything bought through the game it's self as per section 4 of the EULA) HOWEVER Those legal rights are waived by signing the EULA (section 3 para 3). EULA wrote:Upon termination of this beta, CCP may, in its sole discretion, delete or destroy all characters, character attributes, skills, and items acquired during the beta. As a participant in the beta, you acknowledge and agree you have no right to retain characters or their attributes, skills, or other acquired items. EDIT: Anyone who bought a merc pack through gamestop or similar, and did NOT sign the EULA are in fact entitled to a full refund, but since they have not used any of the items or aurum by virtue of not actually playing the game, it makes absolutely no difference to them at all. If you "acquired" the Merc Pack through gameplay, rather than purchasing it online through PSN or Gamestop (or in-store in the case of Gamestop), this would be relevant. I don't know of anyone who did, so it's not at all applicable to the Merc Pack.
The purchase agreement is legally binding REGARDLESS OF WHAT ANY EULA CONTENT MIGHT STATE ABOUT CCP'S RIGHT TO CHANGE THINGS.
There's significant legal precedent in many countries - including CCP's chosen jurisdiction - for EULAs to be overruled by purchase agreements. By my own local laws, even the EULA's claim to apply British law can't be enforced when I'm questioning something in the purchase agreement, and my local laws (which are almost identical to British law anyway) are applicable. And by those laws, I'm entitled, regardless of the contents of any post-purchase EULA, or even a pre-purchase EULA that was made separate from the purchase itself, to what I was offered when I bought the product. |
DJINN leukoplast
Hellstorm Inc League of Infamy
372
|
Posted - 2013.04.14 13:18:00 -
[86] - Quote
JL3Eleven wrote:DJINN leukoplast wrote:
There is no more resets, everything you have now will be part of Dust for the remainder of it's lifetime.
If they do reset, then you will get refunded like you have on past resets. But it isn't happening, 100% guaranteed.
link?
Just a few:
https://forums.dust514.com/default.aspx?g=posts&m=582877#post582877
https://forums.dust514.com/default.aspx?g=posts&m=598443#post598443
There was also a sticky about it on the general forums for the longest time, not there anymore though.
But this was it:
https://forums.dust514.com/default.aspx?g=posts&m=619126#post619126
Seems pretty clear to me. |
JL3Eleven
Pink Fluffy Bounty Hunterz Noir. Mercenary Group
286
|
Posted - 2013.04.14 13:25:00 -
[87] - Quote
All 3 links simply stated skill points wont be reset to 0. That's not the issue nice try. |
JL3Eleven
Pink Fluffy Bounty Hunterz Noir. Mercenary Group
286
|
Posted - 2013.04.14 13:29:00 -
[88] - Quote
Just a reminder.
JL3Eleven wrote:Can we agree to disagree and blame CCP for not providing any real answers? I have no ill will against anyone btw. Edit: I'm a twin I can argue for days.
|
Ryder Azorria
Amarr Templars Amarr Empire
181
|
Posted - 2013.04.14 13:29:00 -
[89] - Quote
Garrett Blacknova wrote:If you "acquired" the Merc Pack through gameplay, rather than purchasing it online through PSN or Gamestop (or in-store in the case of Gamestop), this would be relevant. I don't know of anyone who did, so it's not at all applicable to the Merc Pack in any situation that I've heard of as a possibility.
The purchase agreement is legally binding REGARDLESS OF WHAT ANY EULA CONTENT MIGHT STATE ABOUT CCP'S RIGHT TO CHANGE THINGS.
There's significant legal precedent in many countries - including CCP's chosen jurisdiction - for EULAs to be overruled by purchase agreements. By my own local laws, even the EULA's claim to apply British law can't be enforced when I'm questioning something in the purchase agreement, and my local laws (which are almost identical to British law anyway) are applicable. And by those laws, I'm entitled, regardless of the contents of any post-purchase EULA, or even a pre-purchase EULA that was made separate from the purchase itself, to what I was offered when I bought the product. While I don't have access to the resources to disprove you, and while I know that there is precedent for EULAs being overruled, I kinda doubt you have legal precedent for this exact scenario, ie. "explicitly signing away any previous or future legal rights in this matter with a legally binding document" - though if there is, wtf?! |
Arkena Wyrnspire
Turalyon Plus
46
|
Posted - 2013.04.14 13:31:00 -
[90] - Quote
JL3Eleven wrote:All 3 links simply stated skill points wont be reset to 0. That's not the issue nice try.
And... that's what he said.
|
|
|
|
|
Pages: 1 2 [3] 4 5 6 :: one page |
First page | Previous page | Next page | Last page |