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Edited by Seventh7of7:
8/26/2020 8:55:26 AM
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Everyone in here stating terms and conditions as if that means anything. I work for a multi million dollar corporation and we have our own terms and conditions for products we sell that cleary state that we cannot be sued etc for certain things. I have physically been in the court rooms when we have lost cases and had to pay out even when our warranty agreement or TOS specifically states that we cannot be held liable.
Ultimately it is the Judges decision regardless of whatever terms exist.
Do I think this will ever go to court I doubt it but the TOS doesn't mean shit.
English
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Major difference being the acceptance of said agreement. A company selling physical items follows some different consumer laws than those providing a digital service for a start Warranties must always be upheld where damage to an item falls within the warranty specification and the damage or loss isn't a direct cause of neglect or improper use by the consumer. We are told quite clearly that the access to Destiny or part of can be modified and or removed at any given time, we actually own zero content we merely purchase a license to play the game while it is available to us. Besides even if it did get to court much has to be taken into account and with many players having hundreds if not thousands of hours spent in-game in addition to fact the game is a live service model I cant imagine any judge would look at it in your favour as it would be evident you already got your money's worth and we're well informed the service may end at anytime partial or in full. Again IF Destiny did this a very short time after release different story then yes there may be a case to pursue but moreso on anti consumer grounds.
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Which industry are you in? Because software licensing agreements have been standard boilerplate contracts for decades. The SLA is legally binding, obviously, just because an SLA says "you waive your right to..." it means nothing, but if that agreement a user agrees to says that the licensor reserves the right to discontinue content, you can guarantee that any class-action is getting tossed out of court...
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Edited by Seventh7of7: 8/26/2020 4:25:44 PMContracts, TOS and warranty statements are legally binding. That was my whole point. It doesn't matter what it says the Judge can still rule in the plantiffs favor even if there is a TOS etc. This could be thrown out but it could also not be and anyone here has no idea which it would be. A good example of this is with the recent uber lawsuit. Ubers TOS bars people from suing them and requires arbitration. A judge still ruled that the defendants have a case as the judge questioned whether Uber customers are actually agreeing to the company’s terms at all. I doubt it would ever go anywhere the point of my post is the TOS is not the deciding factor. It does not matter what it says.
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[quote]A good example of this is with the recent uber lawsuit. Ubers TOS bars people from suing them...[/quote] As I said before, these lines in contracts are always throw away lines, a contract can't over-rule your rights. Any time a 'you waive your right to' line pops up, it's only a bluff at best. However, there's still no case here because while Bungie can't just say "you can't sue us", they can say "we can and will change stuff in the game", and [i]that[/i] is why this case will be tossed out of court, not because of the class-action waiver... [quote]the judge questioned whether Uber customers are actually agreeing to the company’s terms at all.[/quote] See? [i]This[/i] is why Uber's lawsuit stuck, not because of the waiver line. [quote]I doubt it would ever go anywhere the point of my post is the TOS is not the deciding factor. It does not matter what it says.[/quote] Yes, it does. Just because the waiver clause isn't enforceable because of the expectation of waiving your rights, doesn't mean that none of it is...
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I didn't sign anything to play this game and it did not ask me to acknowledge anything before playing so it seems to be the same issue as Uber.
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Then you weren't paying attention :)
