Diablo® III

Still no Team Deathmatch. I want a refund.

No S&D or CTF either... this shooter sucks!


Would be rather fun to play those as well. First off they need to come out with the actual Arena system they promised to us.

I would totally play S&D and CTF. They also promised it and then were like nah, they won't like that, take it out.
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It doesn't matter what the law says regarding false advertising when it comes to software. If you choose to forfeit your rights to litigation, you have no standing against the company.

And that's what every software company has... an End Use License Agreement. These are powerful documents that everyone agrees to,

First, EULA does not forfeit your rights and does not override national law.
Second, you're not legally bound to a contract unless you've actually signed it.


Not true. Being forced to click a button that says "I agree" is the exact same as signing a contract, and makes any EULA a legally binding agreement.

http://en.wikipedia.org/wiki/End-user_license_agreement#Shrink-wrap_and_click-wrap_licenses

A particular point of note:

Further, in ProCD v. Zeidenberg, the license was ruled enforceable because it was necessary for the customer to assent to the terms of the agreement by clicking on an "I Agree" button in order to install the software. In Specht v. Netscape Communications Corp., however, the licensee was able to download and install the software without first being required to review and positively assent to the terms of the agreement, and so the license was held to be unenforceable.


Pretty much every software company forces you to accept the terms of their EULA before granting you access to the software. This makes their EULA a legally binding contract in most states.

Most EULAs have sections that cover things like modifications to the software by the developer, which means they can add or remove anything they want, when they want. They also include denial of service clauses, which is to say, they're allowed to remove your access to the service without granting you a refund for that service (this allows them to permanently ban players from a game they paid to play). And most EULAs WILL effectively limit your rights by having you agree that to their refund policies (which usually means that you agree that they can choose whether or not to provide you with a refund at their discretion... which they usually will choose not to).

By you agreeing that the company can do as they wish... you are effectively forfeiting your rights to take action against that company. Which is why so many class action lawsuits against such companies with such agreements are dismissed. Because the company has created a situation where they have control of everything, and can do as they wish.

The only true choice you have is not to purchase the game in the first place.

I suggest everyone in this thread actually READ the license agreement that we ALL agreed to when installing Diablo 3...

http://us.blizzard.com/en-us/company/legal/d3_eula.html

Particularly the part that at the beginning regarding refunds.

THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE GAME. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER YOUR PURCHASE, YOU MAY CALL (800) 757-7707 TO REQUEST A FULL REFUND OF THE PURCHASE PRICE.


If you agreed to the terms set forth in the agreement (which you did if you played the game) then you have no legal standing to request a refund.

There's NOTHING you can do. It sucks... but that's the way it is.
Edited by Telliks#1734 on 7/1/2013 9:53 PM PDT
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Posts: 2,942
07/01/2013 09:25 PMPosted by Noxifer
Second, you're not legally bound to a contract unless you've actually signed it.


You have obviously never heard of a oral or verbal contract.
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07/01/2013 09:45 PMPosted by Noxifer
I guess they didn't wanted to release too good of a game, that has no subscription fee...


Well... that would be classified as a Tinfoil-hat theory.

But at least the conspiracy theories give blizzard some kinda corporate intelligence, certainly dirty and slimy corporate moves but at least some form of intelligence than having them distorting their own game and believing it was for the best.

I dont know what has happened to the game... but at least I think that nowdays not even blizzard seem to believe that the game is or was well-designed.
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First, EULA does not forfeit your rights and does not override national law.
Second, you're not legally bound to a contract unless you've actually signed it.


Not true. Being forced to click a button that says "I agree" is the exact same as signing a contract, and makes any EULA a legally binding agreement.

http://en.wikipedia.org/wiki/End-user_license_agreement#Shrink-wrap_and_click-wrap_licenses

A particular point of note:

Further, in ProCD v. Zeidenberg, the license was ruled enforceable because it was necessary for the customer to assent to the terms of the agreement by clicking on an "I Agree" button in order to install the software. In Specht v. Netscape Communications Corp., however, the licensee was able to download and install the software without first being required to review and positively assent to the terms of the agreement, and so the license was held to be unenforceable.


Pretty much every software company forces you to accept the terms of their EULA before granting you access to the software. This makes their EULA a legally binding contract in most states.

Most EULAs have sections that cover things like modifications to the software by the developer, which means they can add or remove anything they want, when they want. They also include denial of service clauses, which is to say, they're allowed to remove your access to the service without granting you a refund for that service (this allows them to permanently ban players from a game they paid to play). And most EULAs WILL effectively limit your rights by having you agree that to their refund policies (which usually means that you agree that they can choose whether or not to provide you with a refund at their discretion... which they usually will choose not to).

By you agreeing that the company can do as they wish... you are effectively forfeiting your rights to take action against that company. Which is why so many class action lawsuits against such companies with such agreements are dismissed. Because the company has created a situation where they have control of everything, and can do as they wish.

The only true choice you have is not to purchase the game in the first place.

I suggest everyone in this thread actually READ the license agreement that we ALL agreed to when installing Diablo 3...

http://us.blizzard.com/en-us/company/legal/d3_eula.html

Particularly the part that at the beginning regarding refunds.

THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE GAME. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER YOUR PURCHASE, YOU MAY CALL (800) 757-7707 TO REQUEST A FULL REFUND OF THE PURCHASE PRICE.


If you agreed to the terms set forth in the agreement (which you did if you played the game) then you have no legal standing to request a refund.

There's NOTHING you can do. It sucks... but that's the way it is.


Ahh yes but this little treat is what truley breaks down an entire EULA when it breaks consumer laws:

Governing Law.
Except as otherwise set forth herein, this License Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who purchased a license to the Game in, and are a resident of Canada, other laws may apply if you choose not to agree to arbitrate as set forth above; provided, however, that such laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. Those who choose to access the Service from locations outside of the United States and Canada do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable
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If you submit a ticket you will receive:

Greetings,

I hope that the day finds you well. We would be unable to refund the order for Diablo 3 since it was purchased quite some time ago. If you have additional questions or concerns, please reply to this ticket. If you have any separate issues that you need help with, please navigate to the Support section of your battle.net account, open a new ticket with us, and we will do our best to help you. Here’s a link to our support site: <https://us.battle.net/support/en/>

Regards,

Account and Technical Services
*****
Customer Services
Blizzard Entertainment
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If you submit a ticket you will receive:

Greetings,

I hope that the day finds you well. We would be unable to refund the order for Diablo 3 since it was purchased quite some time ago. If you have additional questions or concerns, please reply to this ticket. If you have any separate issues that you need help with, please navigate to the Support section of your battle.net account, open a new ticket with us, and we will do our best to help you. Here’s a link to our support site: <https://us.battle.net/support/en/>

Regards,

Account and Technical Services
*****
Customer Services
Blizzard Entertainment


I already received this one and sent in a counter ticket, which is pending. If that is the case and they truly wish to void themselves of any care of a customer I will fall on my on sword. Create a post as to why blizzard is loosing all of my support. And send in a EULA refusal for my entire Battlenet account and games included which will destroy all accounts, and game history ridding myself of this company.
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Ahh yes but this little treat is what truley breaks down an entire EULA when it breaks consumer laws:

Governing Law.
Except as otherwise set forth herein, this License Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who purchased a license to the Game in, and are a resident of Canada, other laws may apply if you choose not to agree to arbitrate as set forth above; provided, however, that such laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. Those who choose to access the Service from locations outside of the United States and Canada do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable


Section 16(E):

Location.
If you are a resident of the United States, any arbitration will take place at any reasonable location convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Blizzard agree to submit to the personal jurisdiction of that court.


I already received this one and sent in a counter ticket, which is pending. If that is the case and they truly wish to void themselves of any care of a customer I will fall on my on sword. Create a post as to why blizzard is loosing all of my support. And send in a EULA refusal for my entire Battlenet account and games included which will destroy all accounts, and game history ridding myself of this company.


It's been nice speaking with you... GG.
Edited by Telliks#1734 on 7/1/2013 10:50 PM PDT
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OP, this is one bad game for you. If you've in fact bought many blizzard products and have been satisfied, why throw such a tantrum over one sour grape. The reality is, you're almost certainly not receiving a refund so you might as well give it a rest.
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they are going to release it with an expansion, because blizzard is like that, they can't make content for the expansion, so they leave content out.
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There refund period is a set 30 days. It took half a year to find out there would be no Team Deathmatch in this game for over a year.


as I said, you buy a product these days "AS SHIPPED", not for features promised down the road.

if you look at the boxed product, nowhere does it promise a ship date for any features even pvp.

and like I said, if it eventually ships in the future (eg: 2025 is when team death match is released, you can buy it then). but since you neither pay more or less than in 2012 or in 2025, I don't see the problem. its not a mmo with a monthly fee where buying early means you pay early for features not released thus "wasting money".

FACT: the majority of players don't give a !@#$ about pvp.

also, going by eg: simcity, or warz , ME3 and such, i would really suggest more common sense in purchasing. as soon as you don't like it for any reason, just get a refund and walkaway within the refund period. watch for ACTUAL gameplay reviews and not preorder ANYTHING.

--(thats why kickstarter for games is just stupid)
Edited by chrisloup#6305 on 7/1/2013 11:14 PM PDT
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kickstarts for games aren't stupid, especially when the average donation is like 5-10 dollars, and you get games like path of exile, and star citizen.

better than !@#$ EA turns out
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They don't care that you are quitting, you hardly played anyways.

Since you're not playing, might as well wait until it is implemented at some point in the future.
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07/01/2013 10:59 PMPosted by Noxifer
Sup with so many lawyers on the internet?


I'm no lawyer... but I know a thing or two about contracts and legally binding agreements. (I've been in court for this kind of thing before...)

And sup with so many fanboys defending Blizzard, saying they have the right to scam us any way they want?


They don't automatically have that right. They have that right when you agree to terms that give them those rights. You could have (and still can) opt out of that agreement at any time. But you won't get your money back, and you will no longer be able to play the game.

And sup with Blizzard? Can't they produce a response on the matter of not yet delivered features? How hard is it really for a community manager to forward this query to the developers and bring up their answer?


They're not going to answer you. They don't have to. Play the game or don't. Personally, I tend to %*##*!!* around on the forums more than playing the game these days. Especially in light of recent information about itemization updates not coming until after Blizzcon. Maybe I'll play again next year after another update or two. But right now, I have other games to play.
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lol diablo 3 ~2010 compared to how it actually turned out
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