Question on TOS. Expiring Items.
Son_of_Rage1
Member Posts: 51 ★
A few weeks ago I read the TOS from Kabam and found a confusing statement that needs clarification. It’s under section 7. Virtual Vurrency and Site Items. It’s reads and I quote.
“Virtual Currency and Site Items will not expire and will not incur fees for non-use.”
According to the TOS, Kabam’s legal document, all Site Items should not expire. By definition this would include: potions, revives, basic catalysts, class catalysts, alphas, etc.
Any clarification from Kabam would be appreciated.
“Virtual Currency and Site Items will not expire and will not incur fees for non-use.”
According to the TOS, Kabam’s legal document, all Site Items should not expire. By definition this would include: potions, revives, basic catalysts, class catalysts, alphas, etc.
Any clarification from Kabam would be appreciated.
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Comments
Whether that technicality encompasses the spirit of the TOS is a different question. I think a valid case can be made that the spirit of the wording is that when you purchase items in the game with virtual currency, those items are yours to use indefinitely and the stash limits subvert that intent. But I don't know if that is a winnable argument.
Keep in mind Kabam can change the TOS at any time, so it is less a question of what they are legally allowed to do, and more a question of whether they should follow the spirit of non-expiring items or not.
I sense a revision coming soon.
Also if we puchSe something with real money in California I thought they couldn’t expire. Kabams practices are scetchy at best
File a lawsuit and keep us updated on the status...
You'd probably be better going class action vs single in a legal fight
I don't recall that California law, but it is also moot. According to the TOS you are required to agree to in order to play the game:
According to Apple's App store publishing guidelines, any virtual intermediate currency app users purchase with cash must not expire (although they can still shut down your account). But I'm unaware of a law that makes that separately mandatory. And the items you purchase are considered virtual goods with no monetary value, and thus are not "things" for the purposes of most consumer laws.
You are free to challenge that determination in court, of course. I would imagine that assuming your case got past summary judgment, you would be facing not just Kabam's lawyers, but amicus from every video game publisher in the galaxy. Good luck with that.
Plus people keep saying that "Kabam's" practices are shady, as if there existed even one game company that treats virtual item purchases differently.
I missed the sarcasm button in my post...
why should any item expire? If I'm dedicating my time throughout the day to play quests, arenas, or whatever and I've earned those items, why should I have 30 days (stash items) to use them? There should be no expiration for any player earned (or purchased) rewards or items..