Ingjust Banning: Seeking Clarity and Fairness from Kabam

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  • MagrailothosMagrailothos Member Posts: 5,954 ★★★★★
    Bazooka_1 said:

    Hey everybody,

    Our detection methods are always getting better, and are in a great place right now, but we have made mistakes before. It's why we check these reports, and in this case, there was an error that resulted in a false flag

    When we respond to others on the forums to verify they should be banned, it's because we've done the due diligence to check on the ban criteria, and in this case, we were wrong. OP, we are very sorry for this mistake.

    @Kabam Miike What I don't understand is why when he contacted kabam the support team gave him some stupid answer instead of finding that it was a mistake. ...
    You're right.

    But don't demand an explanation: I'm also fairly confident that Miike has already had words to that effect with Support, himself.
  • smdam38smdam38 Member Posts: 1,429 ★★★
    The ToS reads like a damn gestapo text book and half at best would hold up when questioned.

    Effing Yikes.

    “You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these Terms to release fully, finally and forever all Released Matters under these Terms. In furtherance of such intention, the releases set forth in these Terms shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.

    Deletion of Your Account. Kabam may suspend, terminate, modify, or delete your Account, with or without prior notice to you, at any time for any reason whatsoever, including without limitation, for any violation or suspected violation of the Terms or for any other reason that Kabam in its sole discretion determines is appropriate. By way of examples only, your Account may be deleted and terminated without warning if Kabam believes, in its sole discretion, that you are under thirteen (13) years of age; if you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete); or Kabam has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Upon termination, your right to access and use the Services and Materials, including without limitation the Virtual Items, will immediately cease. Kabam also reserves the right to refuse service to anyone and to remove content, Submissions or Materials for any reason whatsoever in its sole discretion.”
  • smdam38smdam38 Member Posts: 1,429 ★★★
    Your normal and my normal just don’t jive then.

    This would NEVER hold up in any legal setting. So why even write it?

    Because they absolutely will do everything they can to fix the issue before it gets that far.
  • PT_99PT_99 Member Posts: 4,481 ★★★★★
    Bazooka_1 said:

    Hey everybody,

    Our detection methods are always getting better, and are in a great place right now, but we have made mistakes before. It's why we check these reports, and in this case, there was an error that resulted in a false flag

    When we respond to others on the forums to verify they should be banned, it's because we've done the due diligence to check on the ban criteria, and in this case, we were wrong. OP, we are very sorry for this mistake.

    @Kabam Miike What I don't understand is why when he contacted kabam the support team gave him some stupid answer instead of finding that it was a mistake. As someone who has interactions with support I find that they don't even read the tickets fully and ignore the real issues and basically are to lazy to do the real legwork that a true response to certain issues takes. If he was wrongly banned it should've been fixed immediately when he contacted support! Kabam really needs to learn how to treat their customers better. Although I am sure that the team who answers tickets has a ton of them but it's almost like they try and make it so that people feel like writing tickets ìs not going to get any results anyways and a waste of time. That's how I feel. Seems like a waste to be paying them for what they do for real because I get better service from the kid a McDonald's then from kabam support and as a paying customer it makes me sick.
    You think copy pasting dry old responses to concerned scared players is easy job?
  • Adrianz1Adrianz1 Member Posts: 70
    So i bought a new phone, i wanna try the game on ios instead of android, is this going to be considered as account sharing?
  • DemonzfyreDemonzfyre Member Posts: 21,999 ★★★★★
    Adrianz1 said:

    So i bought a new phone, i wanna try the game on ios instead of android, is this going to be considered as account sharing?

    No.
  • smdam38smdam38 Member Posts: 1,429 ★★★

    smdam38 said:

    Your normal and my normal just don’t jive then.

    This would NEVER hold up in any legal setting. So why even write it?

    Because they absolutely will do everything they can to fix the issue before it gets that far.

    I'm sorry, but how much background do you have in writing ToS documents from the standpoint of legality? Are you a lawyer? Paralegal? How much expertise do you have? I just want to understand how you know it wouldn't/hasn't held up?

    It's literally written as such to hold up against any legal contention.
    I have zero background but I’m digging in now because of your superiority complex and can learn anything with a free hour or two.

    Consumer law almost always sides with the consumer. The company will almost always lose any legal dispute because the terms need to be fair and rarely are by any reasonable judge’s definition.

    Just read the terms and conditions and even you’ll agree. It’s a copy paste with some search and replace.
  • smdam38smdam38 Member Posts: 1,429 ★★★
    Does Kabaam use Browsewrap or Clickwrap for user consent to ToS agreements?

    I don’t remember ever clicking on a consent form with the ToS. How often do they do it? Every time they change something in the ToS? Is it yearly?
  • smdam38smdam38 Member Posts: 1,429 ★★★
    Did you mean “they’re” rather than “their”?
  • smdam38smdam38 Member Posts: 1,429 ★★★
    Why would anyone feel big or powerful attacking you?

    @Milan1405 I was a bit of a jerk in this thread though so that’s on me.
    Sorry about that.
    It really doesn’t have to be a toxic environment.
    I think we can probably figure out how not to be childish and jerks to each other.

  • ReignkingTWReignkingTW Member Posts: 2,774 ★★★★★
    Learn to listen
    Listen to learn
  • Shadow_ShooterShadow_Shooter Member Posts: 356 ★★★
    Kabam reserves extensive rights to modify, suspend or discontinue the services and terminate accounts. While such terms are common in ToS agreements, their enforceability can depend on whether they are deemed to be exercised in a reasonable and fair manner, especially in cases where significant consumer expenditure is involved.

    My main concern here is the copy pasta response Kabam Support sent as a response. I’ve seen many threads about people getting banned and they usually get little attention from the community. If someone wasn’t lucky enough to receive the same attention this thread gets, their case can easily fall between the cracks.

    Now I do see Kabam’s transformation in transparency and becoming more pro-player but this change is painstakingly slow.
  • ShaggyMShaggyM Member Posts: 287 ★★★
    DNA3000 said:

    WOLF_LINK said:

    So this time Forum community was wrong and unfair to OP. Ban was actually an error. What a surprise.

    Actually, yes. Mistakes do happen. They are rare, but they exist, which is why I try not to pile on too hard on people claiming they were wrongfully banned. They are almost always lying, but not actually always.

    Even if it is a one in a thousand chance, one in a thousand is not low enough to eliminate all benefit of the doubt. I hope everyone remembers this one, because while it is easy and fun to bang on players who cry about getting banned, all of us should remember that sometimes people are in fact innocent.

    This is also precisely why we're prohibited from calling out players by account name for cheating. None of us has an error rate low enough to allow for that.
    Nice save for being completely wrong.
  • DemonzfyreDemonzfyre Member Posts: 21,999 ★★★★★
    Milan1405 said:

    Milan1405 said:

    @Demonzfyre No need to be so antagonistic and sarcastic to everyone else on the forums, all the time. If someone writes something you disagree with or posts wrong information, why not nicely correct them instead of clowning them all the time? I'm surprised your account is still active with all the dog-pilling and unconstructive comments you make.

    This is the 2nd time you've said this but only look at my comments. You don't read for context. You're just like the rest. You feel big and powerful by attacking me. 👍👍👍
    I've read the entire thread and most of your responses are sarcastic or unhelpful and in general, on other threads, it's the same story there too. You're the only person I've ever had an argument with on the forums, and I think that says a lot. I genuinely don't understand why you can't just say "I disagree with your point because..." and move on with your day. You'd have a lot more respect if you did that instead of making the ridiculous comments you do.
    Yes ... My comments are the ridiculous ones... Not the ones I'm responding to. 🙄
  • SirGamesBondSirGamesBond Member Posts: 5,103 ★★★★★





  • Whack_a_m0leWhack_a_m0le Member Posts: 3
    edited December 2023
    Regarding the legal stuff…

    Companies can *say* anything they like in an "agreement" or "contract" but it really means nothing unless tested in court. And the fact is, no matter how good, experienced, and seemingly fair the law peeps writing it up, there will ALWAYS be some **** in there that isn’t legal working in the company's favour. Either notes from corporate or implicit bias or a genuine "interpretation" of the law from the law team themselves will see to that, lol.

    So, if you really think you’re right, do your due diligence in making sure and if you’ve got the stones (confidence, money, time, etc)… GO GET 'EM. :)

    Edit…. OH yeah, and congrats to the OP for the eventual restoration. I know I’d flip having played for over 5 years then suddenly I decide to start cheating? Like, that makes sense? Lol
    Also, support is……. not supportive. Hopefully Mike takes this seriously as an opportunity to revamp the entire department.
  • DemonzfyreDemonzfyre Member Posts: 21,999 ★★★★★

    Regarding the legal stuff…

    Companies can *say* anything they like in an "agreement" or "contract" but it really means nothing unless tested in court. And the fact is, no matter how good, experienced, and seemingly fair the law peeps writing it up, there will ALWAYS be some **** in there that isn’t legal working in the company's favour. Either notes from corporate or implicit bias or a genuine "interpretation" of the law from the law team themselves will see to that, lol.

    So, if you really think you’re right, do your due diligence in making sure and if you’ve got the stones (confidence, money, time, etc)… GO GET 'EM. :)

    Edit…. OH yeah, and congrats to the OP for the eventual restoration. I know I’d flip having played for over 5 years then suddenly I decide to start cheating? Like, that makes sense? Lol
    Also, support is……. not supportive. Hopefully Mike takes this seriously as an opportunity to revamp the entire department.

    How many cases have you been involved as a lawyer for what you're referring to?
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