Violating Terms of Service ?

2

Comments

  • Ninnyel - Nyos
    Ninnyel - Nyos Posts: 101 Arc User
    edited March 2013
    In other words, trying to take this back from us, for their **** ups, is unlawful. They did it to themselves, it is their job to make due with things as they are, they cannot legally revoke what has already been purchased.

    I would loose progress in game as well. Many valuable items would be gone. But I can get them back with time. I do not know if they would rollback purchase of Biker Orb, but at least I would have opportunity to try to loot Chopper for my fiance once again.:) I believe in PWE staff as long as we do not know what they really did with this mess...
  • XxXDanteXx - Eyrda
    XxXDanteXx - Eyrda Posts: 40 Arc User
    edited March 2013
    EL is the product bought with ZEN. ZEN from the beginning is without any monetary value, but you buy it for real money.
    If you buy eggs for 1$, you can give them back to the store. But if you buy eggs and trade them with your neighbour for milk, you made your deal far enough to not be able to get money back. Because you do not have a product that you bought with money.

    This makes sense, but, the sale was also advertised on the forums, where the 'zen' is to be purchased. To revoke these items, or to rollback accounts, would be fraud as well as false advertisement on their parts. At this point, the best they can do, is to absorb the loss, and hold off on BOGO's and sales for a while, let what is out there now, disappear. The economy isn't screwed, the only thing that was screwed up was Star Crystal Prices. That doesn't mess up the entire economy, just the pricing of Star Crystals. There was an overabundance of them, so they were going cheap in the AH, everything else, including Eyrda Leaf trade prices, is the same, or higher. The economy is NOT screwed, they are just trying to make the QQing cashshoppers(the ones that spent 1000's of dollars to get their 12/12's prior to this) happy.

    And there is nothing those QQers can do, legally, because they didn't have to spend their money on the pricey Crystals before. PWE advertised the sale through the site(Although incorrectly priced in game) and effectively can do nothing about this situation, legally.
    Darriuss-Lv80 Dyos Elemental Human Warrior
    East Storm
    Vice Leader of NightGuards
  • GreyFalcon - Storm Legion
    GreyFalcon - Storm Legion Posts: 9 Arc User
    edited March 2013
    Dishonest is dishonest no matter how you argue it.
  • Morgantia - Lionheart
    Morgantia - Lionheart Posts: 83 Arc User
    edited March 2013
    In other words, false advertisement. Taking back these items now, is the equivelant of fraud, because items were falsly advertised(False Advertisement?), which lead us to purchasing zen, to puchase said items with, and now they want to take the items back but not offer monetary refunds?(Fraud?)

    Get a clue, all you small fries trying to dispute this post.

    I totally agree and PayPal has chargeback options just for this sort of issue. They can't advertise items at a certain price, take your money, then fail to provide the items that were advertised.

    If they take our Nova Packs back... we can file PayPal disputes immediately. :mad:
    [SIGPIC][/SIGPIC]

    Beware... my alts are legion... muhwahaha!!!

    Wait... does that make me a schizo? O.O
  • glocktight
    glocktight Posts: 68 Arc User
    edited March 2013
    LMAO. Who is Korean? Get ur facts straight before u spout of ****.

    you shut your sorry az up how bout that
  • Morgantia - Lionheart
    Morgantia - Lionheart Posts: 83 Arc User
    edited March 2013
    This makes sense, but, the sale was also advertised on the forums, where the 'zen' is to be purchased. To revoke these items, or to rollback accounts, would be fraud as well as false advertisement on their parts. At this point, the best they can do, is to absorb the loss, and hold off on BOGO's and sales for a while, let what is out there now, disappear. The economy isn't screwed, the only thing that was screwed up was Star Crystal Prices. That doesn't mess up the entire economy, just the pricing of Star Crystals. There was an overabundance of them, so they were going cheap in the AH, everything else, including Eyrda Leaf trade prices, is the same, or higher. The economy is NOT screwed, they are just trying to make the QQing cashshoppers(the ones that spent 1000's of dollars to get their 12/12's prior to this) happy.

    And there is nothing those QQers can do, legally, because they didn't have to spend their money on the pricey Crystals before. PWE advertised the sale through the site(Although incorrectly priced in game) and effectively can do nothing about this situation, legally.

    Again... I totally agree, well said.
    [SIGPIC][/SIGPIC]

    Beware... my alts are legion... muhwahaha!!!

    Wait... does that make me a schizo? O.O
  • XxXDanteXx - Eyrda
    XxXDanteXx - Eyrda Posts: 40 Arc User
    edited March 2013
    And the last I will say on the matter, is that PWE could have prevented this by having a TEST SERVER. They could have taken preventative measures against this kind of thing, and didn't. Rollback, again, is unlawful, in the fact that they did nothing to prevent this kind of thing.
    Darriuss-Lv80 Dyos Elemental Human Warrior
    East Storm
    Vice Leader of NightGuards
  • parking
    parking Posts: 1,101 Arc User
    edited March 2013
    ROFLMFAO !!

    The ToS ,, ROFL,,,

    You all better read it again ,,

    It does specifically say ( in legalese, writen by Corporate Lawyers )

    ALL YOUR BASE ARE BELONG TO PWE !! PWE OWNS EVERYTHING IN THE GAME

    YOU OWN NOTHING IT ALL BELONGS TO PWE AND WE CAN BLOODY WELL DO WHAT THE HELL WE WANT WHEN EVER THE HELL WE WANT TO

    PWE:" All Your Base are belong to me ! ! ! "

    you go holler lawsuit all you want, the ToS covers characters and specifically says,
    Everything belongs to PWE completely, equivocally, and PWE can do with the game what ever they want
    You cant fix STUPID, but YOU CAN KILL IT ! ! !
    FYI:90% of my post is sarcasm,read it again and figure it out!
  • jbullock10181994
    jbullock10181994 Posts: 62 Arc User
    edited March 2013
    And the last I will say on the matter, is that PWE could have prevented this by having a TEST SERVER. They could have taken preventative measures against this kind of thing, and didn't. Rollback, again, is unlawful, in the fact that they did nothing to prevent this kind of thing.

    Or taken like 2 secs to look in the game and see if it worked right after the merc mess up u figure they would be a little smarter but hey some ppl really are just stupid or they knew all along and let it happen aka they scammed us
  • XxXDanteXx - Eyrda
    XxXDanteXx - Eyrda Posts: 40 Arc User
    edited March 2013
    Or taken like 2 secs to look in the game and see if it worked right after the merc mess up u figure they would be a little smarter but hey some ppl really are just stupid or they knew all along and let it happen aka they scammed us

    Amen!
    Darriuss-Lv80 Dyos Elemental Human Warrior
    East Storm
    Vice Leader of NightGuards
  • showmeyou
    showmeyou Posts: 11 Arc User
    edited March 2013
    parking wrote: »
    ROFLMFAO !!

    The ToS ,, ROFL,,,

    You all better read it again ,,

    It does specifically say ( in legalese, writen by Corporate Lawyers )

    ALL YOUR BASE ARE BELONG TO PWE !! PWE OWNS EVERYTHING IN THE GAME

    YOU OWN NOTHING IT ALL BELONGS TO PWE AND WE CAN BLOODY WELL DO WHAT THE HELL WE WANT WHEN EVER THE HELL WE WANT TO

    PWE:" All Your Base are belong to me ! ! ! "

    you go holler lawsuit all you want, the ToS covers characters and specifically says,
    Everything belongs to PWE completely, equivocally, and PWE can do with the game what ever they want

    This pretty much sums everything.
  • jbullock10181994
    jbullock10181994 Posts: 62 Arc User
    edited March 2013
    parking wrote: »
    ROFLMFAO !!

    The ToS ,, ROFL,,,

    You all better read it again ,,

    It does specifically say ( in legalese, writen by Corporate Lawyers )

    ALL YOUR BASE ARE BELONG TO PWE !! PWE OWNS EVERYTHING IN THE GAME

    YOU OWN NOTHING IT ALL BELONGS TO PWE AND WE CAN BLOODY WELL DO WHAT THE HELL WE WANT WHEN EVER THE HELL WE WANT TO

    PWE:" All Your Base are belong to me ! ! ! "

    you go holler lawsuit all you want, the ToS covers characters and specifically says,
    Everything belongs to PWE completely, equivocally, and PWE can do with the game what ever they want

    Actually u are wrong cause there have been other online games that have gone down for things similar to this and they also had a ToS that said the same thing that doesn't override the law trust me I know ain't the first time PWE has almost got busted for scamming/fruad they just ended up giving the stuff back and the person didn't press charges
  • Lykea - Lionheart
    Lykea - Lionheart Posts: 37 Arc User
    edited March 2013
    EL is the product bought with ZEN. ZEN from the beginning is without any monetary value, but you buy it for real money.
    If you buy eggs for 1$, you can give them back to the store. But if you buy eggs and trade them with your neighbour for milk, you made your deal far enough to not be able to get money back. Because you do not have a product that you bought with money.

    im sorry to disagree with you it boils down to your real life money is to buy from the cash shop. what you say would make sence but pwe does have it's owen money card so in fact just because it is routed to leafs when u get the zen it is real life money so yes they are responsible to give you back ur real money to put it like this do you have a credit card it alone has no value until real life money transfers to it if u buy some thing an have to take it back due to re-call are u not given what you spent?an to use buy'n from a store an trading to some one the iteam you bought your right but ppl buy the zen an it's transferred to the game money to buy they still have to honor your purchase it is totally different from what you are talking about
  • showmeyou
    showmeyou Posts: 11 Arc User
    edited March 2013
    Actually u are wrong cause there have been other online games that have gone down for things similar to this and they also had a ToS that said the same thing that doesn't override the law trust me I know ain't the first time PWE has almost got busted for scamming/fruad they just ended up giving the stuff back and the person didn't press charges

    Apparently you don't know how to read well:
    1. Legal Agreement

    These Terms constitute a legal agreement between you and PWE. Your using this Website or otherwise accessing or downloading any of our Games, shall constitute your agreement to accept and be bound by the terms and conditions appearing in these Terms, and your agreement to comply with any Rules of Conduct posted on the Website or otherwise provided to you by PWE (the "Rules of Conduct") and any end-user license agreement ("EULA") applicable to our Game software or other software that we may provide in connection with the Service (the "Software"), as they may be amended from time to time. If you do not agree with any of these Terms, please do not access or otherwise use the PWE Website and our Games. In this Agreement, the terms "We/us/our" mean Perfect World Entertainment, Inc. "You/your" means you as a user of the Website or any of our Games.
    You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of the United States or other applicable jurisdiction. You understand that the services being offered may include certain communications from PWE, such as service announcements, administrative messages or other information, and that these communications constitute part of the Service being offered by the Website and you may not have the right to opt out of receiving them.
    Your use of the Website and the Service is subject at all times to these Terms, the Rules of Conduct, and any applicable EULA. All user identities created on the Website are governed by these Terms. This includes, but is not limited to, proper in-game and out-of-game conduct relating to the Game. This Agreement is in addition to, and does not in any way replace or supplant, any EULA or any additional terms and conditions that may apply when you use or purchase certain other PWE products, services, affiliate services, third-party content or third-party software.
    If you reside in a country within the European Union, these terms are an agreement between you and Perfect World Europe B.V., a limited liability company organized under the laws of the Netherlands ("Perfect World Europe B.V."). Under this agreement, goods and/or services will be delivered via Perfect World Europe B.V. as an agent of Perfect World Entertainment Inc., a Delaware corporation ("Perfect World Entertainment Inc.") or by Perfect World Entertainment Inc., depending on the type of payment method used for the purchase of the goods and/or services. If you reside in any other country, then these terms are an agreement between you and Perfect World Entertainment Inc. and goods and/or services will be delivered by Perfect World Entertainment Inc. directly.

    AND
    5. Proprietary Rights

    PWE is the owner of the Website, the Games, the Software and the Service, which are protected by US and international law including copyright laws. All rights and title in and to the Website, the Game, the Software and the Service, all features and content thereof (including without limitation any user accounts, titles, computer code, files, game software, client and server software, tools, patches, updates, themes, objects, characters, character names, stories, storylines, objects, content, text, dialogue, catch phrases, themes, locations, concepts, artwork, designs, graphics, pictures, video, animation, sounds, music, musical, compositions, sound recordings, audio-visual effects, information, data, documentation, , "applets", chat transcripts, character profile information, game play, and recordings ) and the selection and arrangement thereof (collectively the "Proprietary Materials") are the proprietary property of PWE or its licensors and are protected by U.S. and international copyright and other proprietary rights laws. In the event that you make any modifications, adaptations or derivative works of any kind to the Proprietary Materials (the "Modifications"), whether authorized or unauthorized, you understand and agree that you shall retain no rights of any kind in and to such Modifications and that all rights therein shall belong solely to PWE. You hereby assign and transfer to PWE, without any compensation, any and all rights you may have in and to such Modifications.

    That's why you read the fine print.
    im sorry to disagree with you it boils down to your real life money is to buy from the cash shop. what you say would make sence but pwe does have it's owen money card so in fact just because it is routed to leafs when u get the zen it is real life money so yes they are responsible to give you back ur real money to put it like this do you have a credit card it alone has no value until real life money transfers to it if u buy some thing an have to take it back due to re-call are u not given what you spent?an to use buy'n from a store an trading to some one the iteam you bought your right but ppl buy the zen an it's transferred to the game money to buy they still have to honor your purchase it is totally different from what you are talking about

    You can disagree all you want, I wont change the fact that you purchased ZEN and exchanged it for virtual items. You did NOT purchase the virtual items directly. They will/should honor your purchase by refunding ZEN not real life currency. You get what you paid for, ZEN
  • XxXDanteXx - Eyrda
    XxXDanteXx - Eyrda Posts: 40 Arc User
    edited March 2013
    im sorry to disagree with you it boils down to your real life money is to buy from the cash shop. what you say would make sence but pwe does have it's owen money card so in fact just because it is routed to leafs when u get the zen it is real life money so yes they are responsible to give you back ur real money to put it like this do you have a credit card it alone has no value until real life money transfers to it if u buy some thing an have to take it back due to re-call are u not given what you spent?an to use buy'n from a store an trading to some one the iteam you bought your right but ppl buy the zen an it's transferred to the game money to buy they still have to honor your purchase it is totally different from what you are talking about

    Agreed. The Transfer of "Zen" into "Leaves" is just to convert from the static currency on the forums, into the games form of currency(Which is predetermined by the original developers, not the subsidiary developers that market and make these sales), which is no different that converting USD to Euros. Therefore, the whole "You already traded it in" bit, holds no merit.

    Edit: By accepting US currency, or any other currency for that matter, as payment for their in game currency, is no different that an exchange rate into a foreign currency. The only difference here, is that their terms of service state that we need a viable reason for the refund, in this case, taking away what we purchased on account of their **** up, is justifiable for a monetary refund. It was not a dissatisfaction of their product, it was their inability to properly market their products(In game or otherwise), no different than cars being put through a factory recall. You have a right to a full refund at that point. They cannot limit you to "In store credit".
    Darriuss-Lv80 Dyos Elemental Human Warrior
    East Storm
    Vice Leader of NightGuards
  • showmeyou
    showmeyou Posts: 11 Arc User
    edited March 2013
    Agreed. The Transfer of "Zen" into "Leaves" is just to convert from the static currency on the forums, into the games form of currency(Which is predetermined by the original developers, not the subsidiary developers that market and make these sales), which is no different that converting USD to Euros. Therefore, the whole "You already traded it in" bit, holds no merit.

    Only difference is that USD and Euros both have monetary value, ZEN does not.
    17. Fees

    PWE may charge fees to access and acquire certain game items or participate in game activities on the Website and may allow the purchase of in game "points" that may be applied to the purchase of in game items or activities ("Zen") ANY APPLICABLE ZEN, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. ZEN HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. PWE may, from time to time, modify, amend, or supplement its fees, billing methods and terms applicable to Zen or to any purchases on the Website, and post those changes in these Terms, in separate Terms of Sale or in other terms or agreements posted on the Website or otherwise provided to you by PWE. Such modifications, amendments, supplements or Terms of Sale shall be effective immediately upon posting on the Website and shall be incorporated by reference into these Terms. If any change is unacceptable to you, you may cancel your account at any time.
  • jbullock10181994
    jbullock10181994 Posts: 62 Arc User
    edited March 2013
    showmeyou wrote: »
    Apparently you don't know how to read well:



    AND



    That's why you read the fine print.



    You can disagree all you want, I wont change the fact that you purchased ZEN and exchanged it for virtual items. You did NOT purchase the virtual items directly. They will/should honor your purchase by refunding ZEN not real like currency. You get what you paid for, ZEN

    He he if u say so we shall see ToS has gotten over ruled before in a lot of cases goggle it and like I said PWE has been come close to getting sued before if nothing could be done y did they give in instead of going to court...usualy means they knew they it was illegal nuf said
  • XxXDanteXx - Eyrda
    XxXDanteXx - Eyrda Posts: 40 Arc User
    edited March 2013
    showmeyou wrote: »
    Only difference is that USD and Euros both have monetary value, ZEN does not.
    17. Fees

    PWE may charge fees to access and acquire certain game items or participate in game activities on the Website and may allow the purchase of in game "points" that may be applied to the purchase of in game items or activities ("Zen") ANY APPLICABLE ZEN, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. ZEN HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. PWE may, from time to time, modify, amend, or supplement its fees, billing methods and terms applicable to Zen or to any purchases on the Website, and post those changes in these Terms, in separate Terms of Sale or in other terms or agreements posted on the Website or otherwise provided to you by PWE. Such modifications, amendments, supplements or Terms of Sale shall be effective immediately upon posting on the Website and shall be incorporated by reference into these Terms. If any change is unacceptable to you, you may cancel your account at any time.
    If you claim a chargeback for any reason, we have the right to investigate and dispute such chargeback. If we believe that your chargeback requirement is spurious, unreasonable, or invalid, we may take the dispute to court. If your chargeback is deemed invalid, you agree to pay for all fees and costs resulting from the disputed chargeback, including but is not limited to legal fees and expenses, damages, monies lost due to non-operation, and chargeback fees.
    You may pay for any applicable fees and charges or for Zen by major credit card, PayPal

    And when the purchase of said Zen was made under the understanding that Nova Packs were 20 leaves each, that is fine. If they had stated prior to the sale, on the forums, the correct price, then yes, they could get away with a rollback, and play like we have no reason for a refund. However, this is not the case. There was nothing on the forums about the intended prices of the packs, prior to this mishap. Again, all this boils down to, is that a rollback, without offering monetary refunds on all purchases of zen made during this sale period, would for all intents and purposes, be considered fraud. False Advertisement, and fraud, are both punishable by US Federal law, and their TOS does not put them above those laws.
    Darriuss-Lv80 Dyos Elemental Human Warrior
    East Storm
    Vice Leader of NightGuards
  • vorphnessx
    vorphnessx Posts: 22 Arc User
    edited March 2013
    no thanks i won't pay my lawyers thousands of dollars just because my online gaming life got a roll back. A few dollars cs-ed isn't worth thousands of dollars u pay the lawyers. stop crying already
  • UZA - Lionheart
    UZA - Lionheart Posts: 252 Arc User
    edited March 2013
    so ull refund my 2800$ :D?
  • XxXDanteXx - Eyrda
    XxXDanteXx - Eyrda Posts: 40 Arc User
    edited March 2013
    vorphnessx wrote: »
    no thanks i won't pay my lawyers thousands of dollars just because my online gaming life got a roll back. A few dollars cs-ed isn't worth thousands of dollars u pay the lawyers. stop crying already

    And if it's a sure win? You could pay off your lawyer, and still have money to play with. You kids act like you wouldn't get anything from a lawsuit of this nature. WRONG!
    Darriuss-Lv80 Dyos Elemental Human Warrior
    East Storm
    Vice Leader of NightGuards
  • jbullock10181994
    jbullock10181994 Posts: 62 Arc User
    edited March 2013
    vorphnessx wrote: »
    no thanks i won't pay my lawyers thousands of dollars just because my online gaming life got a roll back. A few dollars cs-ed isn't worth thousands of dollars u pay the lawyers. stop crying already

    Well that's your choice if your cool with people stealing from u I personally don't pay a dime for lawyers being in the army and all so doesn't bother me can draw this out long as need be but even if I did have to pay I would so I could I could get every dime I ever spent back and to show them they can't steal and get away with it
  • vorphnessx
    vorphnessx Posts: 22 Arc User
    edited March 2013
    And if it's a sure win? You could pay off your lawyer, and still have money to play with. You kids act like you wouldn't get anything from a lawsuit of this nature. WRONG!

    then go ahead i'd like to see u try
  • jbullock10181994
    jbullock10181994 Posts: 62 Arc User
    edited March 2013
    vorphnessx wrote: »
    then go ahead i'd like to see u try

    Well I personally have already contacted mine and is ready to proceed if they decide to roll back
  • vorphnessx
    vorphnessx Posts: 22 Arc User
    edited March 2013
    so ull refund my 2800$ :D?

    last time u pmed me u said u bought out all the leaves in the server..if u cs u wouldn't even buy all those overpriced leaves, still dumb i see UZA
  • vorphnessx
    vorphnessx Posts: 22 Arc User
    edited March 2013
    Well I personally have already contacted mine and is ready to proceed if they decide to roll back

    ok update us then lol good luck :cool:
  • moronmouse
    moronmouse Posts: 0 Arc User
    edited March 2013
    This is how pathectic you csers really are, They threaten to roll back you threaten to quit, ppl tell you don't blow all your money on virtual items that the game could and will end at any given time and you willing spend your money knowing this And now you all want to talk about law suits and how betrayed you feel blah blah blah, Personally i think this roll back idea is great and i'd love to see it go through just for the simple fact 90% probaly aren't old enough to have a lawyer and further more since i'm going to college to be a lawyer i can tell you now you don't have a case against pwe wether they decide to roll back or shut the game down period. You knowingly purchased zen cards to buy virtual belongings and now that you have this realization that you could lose it all you want to cry about it? What happened to it's just a game? I say shut up and enjoy the music.
  • Fhaze - Eyrda
    Fhaze - Eyrda Posts: 251 Arc User
    edited March 2013
    game haz 2 many irl noobs.
    HEIL LONGNIPS, #1 GUILD IN EYRDA
  • Zameri - Lionheart
    Zameri - Lionheart Posts: 168 Arc User
    edited March 2013
    They have a smile on their face while they are doing it... Proof!



    http://www.youtube.com/watch?v=42F7AolPou0
    [SIGPIC][/SIGPIC]

    <SuperNova>

    Therefore, Shigofumi
  • tornathien
    tornathien Posts: 104 Arc User
    edited March 2013
    yes but many many people can and will prove they only bought zen for this nova pack, that is where the false advertisment/fraud comes into play. people do not understand that part of it.