Where is Kabaam head office again? Oh yeah, it’s in BC where gaming control has jurisdiction. Please tell me about California laws that have nothing to do with this conversation.
Where is Kabaam head office again? Oh yeah, it’s in BC where gaming control has jurisdiction. Please tell me about California laws that have nothing to do with this conversation.
I think that watching non-lawyers try to make legal points in fields they have no experience in might be my own personal circle of Hell. Gonna keep my eye out for Mephisto around here.
California laws are relevant to this conversation because, as a hub for video game development as well as one of the largest economies in the world in its own right, it has pioneered law in this area that other jurisdictions have adopted either completely or with minor modifications. In this case, the TOS cite to a specific California statute “and/or any similar provision of law or successor statute to it.”
Additionally, it wouldn’t even matter if some aspect of the TOS were grossly unfair to the point of being unenforceable, because the thing is written in layers and has a severability clause. So if one aspect of it does cross a line, the rest of the terms remain binding.
I read and write contracts regularly. Contracts that are far more complex than the TOS here. Smdam, respectfully, you’ve got no idea what you’re talking about here.
Check Termly for mobile app terms and conditions and see if it doesn’t look pretty similar. Then look at how many times the consumer won cases because of this: The terms need to be fair
Read the ToS and tell me a judge would deem these fair.
Listen, I've paid a lot of lawyers to do a lot of things in my 50+ years on this planet. You can get any number of them to do whatever you want, but the starting cost is $5k for just basic boilerplate stuff, and lawsuits you can expect at least $10k. If anyone's willing to pay that, they'll take their chances at an outcome, and that's that. If you're lucky you settle, but those fee s add up like a mofo.
So you ask would a judge deem these fair? Pay the fee and find out.
Ok. It’s just money and we can all make more.
Assuming an attorney could work all the requisite miracles to get this case in front of an arbitrator and actually conduct an arbitration, I’d be shocked to see a price tag under $30k. And if you lose, you get hit with the arbitrator’s costs as well as your opposition’s reasonable attorney’s fees (which will be substantial). Lawsuits are very expensive. If that still sounds like no big deal to you though, definitely give me a call and I’d be happy to discuss my hourly rate!
I get that every thread has to get derailed by the same culprits everytime, but could you not? I replied to this thread on page one and it's still going and not even close to on topic anymore.
I get since the off topic derailment is pro Kabam y'all won't get warnings, but this is the third thread in as many days where the op has been answered yet you all just carry on about court cases.
Comments
Oh yeah, it’s in BC where gaming control has jurisdiction. Please tell me about California laws that have nothing to do with this conversation.
California laws are relevant to this conversation because, as a hub for video game development as well as one of the largest economies in the world in its own right, it has pioneered law in this area that other jurisdictions have adopted either completely or with minor modifications. In this case, the TOS cite to a specific California statute “and/or any similar provision of law or successor statute to it.”
Additionally, it wouldn’t even matter if some aspect of the TOS were grossly unfair to the point of being unenforceable, because the thing is written in layers and has a severability clause. So if one aspect of it does cross a line, the rest of the terms remain binding.
I read and write contracts regularly. Contracts that are far more complex than the TOS here. Smdam, respectfully, you’ve got no idea what you’re talking about here.
I get since the off topic derailment is pro Kabam y'all won't get warnings, but this is the third thread in as many days where the op has been answered yet you all just carry on about court cases.