Thread: Class Action Lawsuit?

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  1. #21

  2. #22
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    Quote Originally Posted by Jeraziah View Post
    How about instead of signing up you read the ToS you agreed to.

    I'll even post it for you:

    NEITHER S2 NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAME OR SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL S2 BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
    By reading this statement you agree to give Michael Burge $20, and submit to all further terms. Refusing to pay will result in a fine of $500 and penalty of purjury. Michael Burge is further immune to any lawsuits or complaints, and writing any opinions he may disagree with gives him the right to your family's property. "Family" in this context is defined by blood to be anyone up to and including a distance of 5 from you in a family genealogical tree.

    See how I can write whatever I like and it's not enforceable? You want me to click-wrap this into an interstitial advertisement sold on some popular website, and record IP addresses of anyone who clicks "OK"? How far do you think that would go, even though people were explicitly agreeing to this?

  3. #23
    Im actually in law school in sweden and all i can say it that if anyone would try any lawsuits against S2 you would be ending up crying.

  4. #24
    Quote Originally Posted by x4D View Post
    I am a lawyer first of all not everything you write in ToS can be used in court, if you put some things in ToS that are in strict colision with primer laws and international conventions they cannot be used in court for example that liability.

    They ARE LIABLE because they sold you game that you cannot play without service, they could not be LIABLE if the service is not in general sense connected with the game so you could use the game but service is more of addon to the product, but problem is that you bought product that is not usable if there is no service so they are LIABLE to provide you functional product they sold you and yes you can sue them.

    So that crap from ToS is just that a piece of crap, with the right sum of money I could win in court.


    Told you so. LOL

  5. #25
    Quote Originally Posted by x4D View Post
    I am a lawyer first of all not everything you write in ToS can be used in court, if you put some things in ToS that are in strict colision with primer laws and international conventions they cannot be used in court for example that liability.

    They ARE LIABLE because they sold you game that you cannot play without service, they could not be LIABLE if the service is not in general sense connected with the game so you could use the game but service is more of addon to the product, but problem is that you bought product that is not usable if there is no service so they are LIABLE to provide you functional product they sold you and yes you can sue them.

    However you cant sue them for some stuff that is caused by VIS MAJOR (greater or superior force) and thats not from ToS thats from obligation law.
    you are not a very good lawyer if you are seriously expecting 100% uptime.

    besides, sue for WHAT? nothing?

    you would be laughed at by any lawyer if you tried to sue s2 for this.

  6. #26
    Quote Originally Posted by HaNooMan View Post
    Im actually in law school in sweden and all i can say it that if anyone would try any lawsuits against S2 you would be ending up crying.

    Sweden sucks,

    Scrub

  7. #27
    Quote Originally Posted by x4D View Post
    I am a lawyer first of all not everything you write in ToS can be used in court, if you put some things in ToS that are in strict colision with primer laws and international conventions they cannot be used in court for example that liability.

    They ARE LIABLE because they sold you game that you cannot play without service, they could not be LIABLE if the service is not in general sense connected with the game so you could use the game but service is more of addon to the product, but problem is that you bought product that is not usable if there is no service so they are LIABLE to provide you functional product they sold you and yes you can sue them.

    So that crap from ToS is just that a piece of crap, with the right sum of money I could win in court.

    Please. What kind of a lawyer are you? You can NOT sue S2 because of the downtime atm. There is NO way. Il bet 1000 bucks that you would end up using kids cloths rest of your life for even trying.

  8. #28
    Quote Originally Posted by Chicano View Post
    Told you so. LOL
    he already edited, and i bet somewhere in that tos there is line saying something about service might be unavailable for xxx hours every day/week/month/year and that totally scraps all downtimes all together

    well it would be silly if its not there, not that i ever read tos , i just know most online game companies have that

    just in case server goes down, they can always point fingers to that line, that you agreed that game might be unavailable at some points for periods of time

    i know there is that line in wow tos

  9. #29
    Quote Originally Posted by HaNooMan View Post
    Please. What kind of a lawyer are you? You can NOT sue S2 because of the downtime atm. There is NO way. Il bet 1000 bucks that you would end up using kids cloths rest of your life for even trying.

    Were not speaking solely of the current downtime. Were talking about the plethora of **** ups everyone has had to put up with

  10. #30
    Quote Originally Posted by x4D View Post
    OBJECTION!
    Don't they technically sell us the ACCOUNT we are using to play the game? Not the actual game? I'm unsure if that would make a difference but I still don't see how S2 can be made accountable when it's a one-time payment of 30 dollars (sometimes less) and the downtimes are due to attacks(DDoS)/accidents(database corruption) and they are working to fix it... If we paid a subscription fee and they didn't compensate... Sure... But we don't :/

    EDIT: @Chicano Plethora of downtimes? All I can recall are the DDoS downtime, with the game being available at least half the time while that was taking place (a bit spotty but it showed S2 was working hard on it) and the current one. I've been around since closed mid-late closed beta, though admittedly I sometimes go weeks without playing HoN so I could have missed something.
    Last edited by RejjeN; 06-04-2011 at 01:43 PM.

  11. #31
    Quote Originally Posted by HaNooMan View Post
    Please. What kind of a lawyer are you? You can NOT sue S2 because of the downtime atm. There is NO way. Il bet 1000 bucks that you would end up using kids cloths rest of your life for even trying.
    He edited his text :-)

    But good luck with the lawsuit.. You'll lose big time
    Quote Originally Posted by Glazastik View Post
    Love how some "pros" think that non-EM requires more skill..
    Quote Originally Posted by TEEH33 View Post
    i hope you all die an a masterbaiting related death

  12. #32
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    1. Create an awesome game like HoN
    2. Sell accounts for 30$
    3. Write in the ToS the followings, besides other crap: "This account will be terminated in 1 year. Warning ! This account is not forever, you can use it for a limited time only, that is 1 year."
    4. Sell a lot of accounts.
    5. Close all the accounts a year later.
    6. Make a lot of money, don't get sued, close the company, start a new one.
    7. Go back to 1.

    Now seriously S2, when are you going to fix this ? I payed for this account to do something with it -> TO PLAY !!!

  13. #33

    Class Action Lawsuit?

    Well played

  14. #34
    Quote Originally Posted by TwISm View Post
    1. Create an awesome game like HoN
    2. Sell accounts for 30$
    3. Write in the ToS the followings, besides other crap: "This account will be terminated in 1 year. Warning ! This account is not forever, you can use it for a limited time only, that is 1 year."
    4. Sell a lot of accounts.
    5. Close all the accounts a year later.
    6. Make a lot of money, don't get sued, close the company, start a new one.
    7. Go back to 1.

    Now seriously S2, when are you going to fix this ? I payed for this account to do something with it -> TO PLAY !!!
    Not a singel soul would buy the game and you would stand there with depts over your head. Once again u end up using kids cloths rest of your life.

  15. #35

    Class Action Lawsuit?

    Stop crying about 30$ u spent 2 years ago... Go work

  16. #36
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    Quote Originally Posted by x4D View Post
    However you cant sue them for some stuff that is caused by VIS MAJOR (greater or superior force) and thats not from ToS thats from obligation law.
    Good thing that you all forgot to read this sentence, for these stuff like ddos or malfunction of software hardware they are not liable because its out of their power. You can sue them only for service that they didnt provide you and cause of malfunction is their fault.

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