Legality

Ask questions you may have about the game here.

Legality

Postby Beaksters » Sat Nov 28, 2020 12:06 am

http://euro.ecom.cmu.edu/program/law/08 ... enwick.pdf

Legally I want my money back from my banned account.
Beaksters
Amnesiac
Amnesiac
 
Posts: 7
Joined: Wed Mar 25, 2020 12:28 am

Re: Legality

Postby Beaksters » Sat Nov 28, 2020 12:12 am

Not for the cosmetics as legally yah you can take those but for the coven expansion legally it’s part of a game I bought and this is available to be compensated, this is why games like CsGo don’t cost money but do for cosmetics same applies for all the other free big multiplayer games.
Beaksters
Amnesiac
Amnesiac
 
Posts: 7
Joined: Wed Mar 25, 2020 12:28 am

Re: Legality

Postby lemonader666 » Sat Nov 28, 2020 12:15 am

Image

you can email me at lemonader666@gmail.com if need be
User avatar
lemonader666
[Forum Mafia XVI] Winner
[Forum Mafia XVI] Winner
 
Posts: 1703
Joined: Tue Nov 08, 2016 9:24 pm

Re: Legality

Postby Beaksters » Sat Nov 28, 2020 12:38 am

That’s a shrink wrap and sadly isn’t legal, but I realized that they can ban not because of that message but because of the fact it’s also sold on steam the entire game.
Beaksters
Amnesiac
Amnesiac
 
Posts: 7
Joined: Wed Mar 25, 2020 12:28 am

Re: Legality

Postby Beaksters » Sat Nov 28, 2020 12:39 am

Well maybe it’s all a grey zone in the law as no ones really brought it to court and most the time people just ask for a refund and get it.
Beaksters
Amnesiac
Amnesiac
 
Posts: 7
Joined: Wed Mar 25, 2020 12:28 am

Re: Legality

Postby RiceHatMan » Sat Nov 28, 2020 4:59 pm

Beaksters wrote:http://euro.ecom.cmu.edu/program/law/08-732/Transactions/ShrinkwrapFenwick.pdf.

I'm sorry, what is this link for?
User avatar
RiceHatMan
Investigator
Investigator
 
Posts: 294
Joined: Sat Aug 04, 2018 9:37 am

Re: Legality

Postby TurdPile » Sat Nov 28, 2020 5:55 pm

To be honest, I don't think he read the article himself before posting.

The Seventh Circuit further treated the software vendor’s offer as a conditional offer, subject to the terms of the shrinkwrap license, which terms had to be separately accepted by the purchaser before the contract was deemed to be formed.


terms had to be separately accepted by the purchaser before the contract was deemed to be formed - in other words, account creation, for which no purchase was required.
I have mostly rescinded my role as Admin.

All previous contact should instead be redirected to Flavorable.

If your inquiry doesn't directly have to do with Trial 2.0 or TrialBot, then please refrain from messaging.

Thank you.
User avatar
TurdPile
Vampire
Vampire
 
Posts: 8900
Joined: Tue Feb 11, 2014 10:25 am
Location: Massachusetts

Re: Legality

Postby Beaksters » Sat Nov 28, 2020 8:14 pm

That acceptation of license has nothing relevant to the coven purchase which can be interpreted many ways in law but the way some including me interpret it is buying a totally different game which is why for dlc in many Online Nintendo games like Pokémon sword and Pokémon shield a user has to redo the acceptation to terms and conditions as it’s another purchase with money, legally speaking the acceptation of the download of the game does not apply to dlc purchase.
Beaksters
Amnesiac
Amnesiac
 
Posts: 7
Joined: Wed Mar 25, 2020 12:28 am

Re: Legality

Postby LevinSnakesRise » Sat Nov 28, 2020 8:40 pm

Beaksters wrote:That acceptation of license has nothing relevant to the coven purchase which can be interpreted many ways in law but the way some including me interpret it is buying a totally different game which is why for dlc in many Online Nintendo games like Pokémon sword and Pokémon shield a user has to redo the acceptation to terms and conditions as it’s another purchase with money, legally speaking the acceptation of the download of the game does not apply to dlc purchase.

Unfortunately I'm almost 99% certain the Coven DLC (Which you have to have the base game for, hence 'DLC') would not stand in court as a 'stand-alone game' and as stated in the Terms;
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES (INCLUDING WITHOUT LIMITATION Town Points) ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART.


"Without Limitation" would include all the shop bundles, as well as the Coven DLC, and Mobile Premium, among anything else I might have forgotten to mention here.

As I suggest to everyone else who asks for a refund, or even threatens to sue BMG; you're welcome to bring this up with a lawyer, however I'm sure half the people didn't get one because they were either promoting Pedophilia, or being seriously racist, all of which I'm sure a Judge wouldn't bother wasting time with once the reason the user was banned landed in front of them in their docket stack.

All-in-all, none of us are lawyers, however I'm pretty certain this is all within legal rights of BMG, and no personal opinion on interpretation of the law is going to change that, sadly.
Please contact BMG with any questions regarding your account issues;
support@blankmediagames.zendesk.com

Thanks.
User avatar
LevinSnakesRise
Site Admin
Site Admin
 
Posts: 16789
Joined: Thu Aug 07, 2014 9:45 pm
Location: USA

Re: Legality

Postby kyuss420 » Sun Nov 29, 2020 2:02 am

didnt he read the Terms of Service before spending money? Pretty sure he never actually ''owned'' anything that BMG created..

Wonder how many Flash games hes spent money on, and gonna try and sue once Flash gets made redundant and all the Flash games are killed off.....
goosegoosegoosegoosegoose
Spoiler: Image Spoiler: Image Spoiler: Image Spoiler: Image Spoiler: Image
User avatar
kyuss420
Serial Killer
Serial Killer
 
Posts: 2284
Joined: Sat Aug 19, 2017 1:33 am
Location: Im here

Re: Legality

Postby YumiAkiyama » Tue Dec 01, 2020 4:13 am

It actually IS legal as it is considered a "subscription" and as such they can be terminated for any or no reason at all, at the Developers' discretion.

(Sister is a law student and said that Town of Salem falls under "Subscription Games" as per the "purchase required per account to play" aspect.)
User avatar
YumiAkiyama
Witch
Witch
 
Posts: 45
Joined: Mon Jun 01, 2020 9:46 pm

Re: Legality

Postby Brilliand » Tue Dec 01, 2020 12:42 pm

I suspect that "We can ban you from what you paid for access to for any reason or no reason, whenever we want" would qualify as "unconscionable" in court, but that would still require filing a lawsuit, which isn't worth it over just $5.
User avatar
Brilliand
Godfather
Godfather
 
Posts: 1503
Joined: Sat Nov 29, 2014 8:34 pm

Re: Legality

Postby YumiAkiyama » Tue Dec 01, 2020 1:33 pm

Legally, they can. But they always only terminate with a completely valid reason.
User avatar
YumiAkiyama
Witch
Witch
 
Posts: 45
Joined: Mon Jun 01, 2020 9:46 pm

Re: Legality

Postby kyuss420 » Thu Dec 03, 2020 1:05 am

YumiAkiyama wrote:Legally, they can. But they always only terminate with a completely valid reason.


Actually they dont need to provide any reason at all. They could just decide to switch off the servers and not say a word, and they have every legal right to do so. You agreed to it when you created the account, unless you wrote your own Terms of Service and had BMG sign that?

So we are lucky to have good enough devs that actually do only terminate for valid reasons.
goosegoosegoosegoosegoose
Spoiler: Image Spoiler: Image Spoiler: Image Spoiler: Image Spoiler: Image
User avatar
kyuss420
Serial Killer
Serial Killer
 
Posts: 2284
Joined: Sat Aug 19, 2017 1:33 am
Location: Im here


Return to Ask Questions

Who is online

Users browsing this forum: No registered users and 7 guests

cron