Question on TOS. Expiring Items.

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.

Comments

DNA3000

Technically, those items do not expire. The stash will only hold items for a certain amount of time, but the items themselves have no expiration date associated with them.

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.

Thatweirdguy

I really wish purchased items did not expire

VTA92

DNA3000 wrote: »

Technically, those items do not expire. The stash will only hold items for a certain amount of time, but the items themselves have no expiration date associated with them.

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.

unknown

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New_Noob168

What good is it if a tos can change at any time. If I make a claim and say my 30% boost purchase shouldn’t expire, they will change the TOS in their favor

Also if we puchSe something with real money in California I thought they couldn’t expire. Kabams practices are scetchy at best

imaginejim

New_Noob168 wrote: »

What good is it if a tos can change at any time. If I make a claim and say my 30% boost purchase shouldn’t expire, they will change the TOS in their favor

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...

Asmodeyus

imaginejim wrote: »

New_Noob168 wrote: »

What good is it if a tos can change at any time. If I make a claim and say my 30% boost purchase shouldn’t expire, they will change the TOS in their favor

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

DNA3000

New_Noob168 wrote: »

What good is it if a tos can change at any time. If I make a claim and say my 30% boost purchase shouldn’t expire, they will change the TOS in their favor

Also if we puchSe something with real money in California I thought they couldn’t expire. Kabams practices are scetchy at best

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:

YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND SITE ITEMS HAVE NO CASH VALUE AND THAT NEITHER KABAM NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR SITE ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE WEBSITES AND/OR SERVICES IS TERMINATED, THE VIRTUAL CURRENCY, SITE ITEMS AND YOUR ACCOUNT SHALL HAVE NO VALUE.

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.

imaginejim

Asmodeyus wrote: »

imaginejim wrote: »

New_Noob168 wrote: »

What good is it if a tos can change at any time. If I make a claim and say my 30% boost purchase shouldn’t expire, they will change the TOS in their favor

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 missed the sarcasm button in my post...

Philly3974

Thatweirdguy wrote: »

I really wish purchased items did not expire

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..