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Is Kabam in breach of their own TOS by having item stash?
Maat1985
Member Posts: 2,412 ★★★★
i was just reading through Kabams TOS as most of us have probably not and it just came to me. exactly what is considered a site item???? the reason i ask this is under section 7 of the TOS it states "Virtual Currency and Site Items will not expire and will not incur fees for non-use" i would assume that potions, catalysts, iso and so forth would all be "site items" and thereby forcing us to utilize a stash where it is possible for one of the items to expire is in fact a breach of their own TOS meaning they they would need to refund everybody every item lost due to expiration. compensation for items we sold for fear of them expiring and lastly but most importantly to remove stash from the game. Thoughts???
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I understand they can modify it. But they would need to modify the TOS to allow it. Which they could easily do but have not.
True. But then they would also have to change their terms of service. What is written in the terms of service is legally binding as long as it is still written in the terms of service. So as long as it's still saying that they are indeed in breach of their own TOS.
Kinda like going to the store and buying something that has a price tag of 10$ on it only to get to the register and the cashier tells you that it's actually 50$. The law says if the price tag says it 10$ then they can't sell it for more than that.
Imolying they may suspend my account for questioning them on this... yeah maybe they would. But regardless any changes may not require notice to us but would need to be reflected in an adjustment to the TOS.
W what they literally put they reserve the right to modify and suspend that covers all in a legal court don't belive me? Try to sue them see what happens
Have the right to modify the TOS. Yes but everything needs to reflect the TOS
Notice how somewhere on that tag is something about tax? Same with mcoc while paragagraph 7 might be there paragraph 3 also would cover it
Kabam has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Site Items as it sees fit in its sole discretion, and Kabam shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Site Items will be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason or when Kabam discontinues any or all of the Websites or Services, including without limitation any Services provided or offered through Third Party Platforms.
This is in paragraph seven as well pretty much covers them in regards to item cap
Kabam has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Site Items as it sees fit in its sole discretion, and Kabam shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Site Items will be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason or when Kabam discontinues any or all of the Websites or Services, including without limitation any Services provided or offered through Third Party Platforms.
@Sirnoob i can understand where you are coming from to a point. yes they do have the right to modify anything in anyway they want. however anything they change must however fall within the TOS. if it falls outside the TOS then the TOS must be modified to cover said change or else it is invalid. it seems to me as the TOS was written before there was an item stash and then when they decided too add the stash they never modified the TOS.
would really love to hear kabams side
@Kabam Miike
Could've kept reading. Probably should.
If u read what I posted u would see further down it says they control the right to REGULATE see that's the key word REGULATE now pretty sure item caps falls under that if u don't think so and think you have any legal standing go ahead try and sue
Think of it like this kabam says you can only have X in ur inv for X amount of time this is them regulating items
Just like if ur parents say u can only play a game for X amount of time there regulating ur video game usage
Sorry if I can off like a **** I suck at explainin legal things and try to keep it simple
Was never saying i was gunna sue them... merely asking the question... i just see that yes they have the right to modify etc however they by modifying in such a manner as expiration that clearly breaches a previous point in the TOS.
Also @GroundedWisdom to say it is their product and they can never be in breach of their own product is incorrect. The TOS are alwayd to be followed by the operatort and the user. It is just as much so we know what they can and cant do as we are agreeing to allow them to do what it sates as it is to control wat we can and cant do. It would be like saying the government can do whatever they want cus they set the laws. They may try but the laws always hold up....
BOI READ WHAT I SAID AND THINK FOR A SEC WHAT IS REGUALTING AND WHAT IS ITEM CAP
EXPIRING IS ANOTHER FORM OF (fill in the blank)
In that TOS, they reserve ownership and the right to modify their product. The Items are not ours, just as the Accounts are not. If they see fit to have an expiry on Items in the Stash, that's their prerogative. You would be hard-pressed to find a legal argument to the expiry of materials that holds up. The point I'm making is the unwritten rule of any company is C.Y.A. Cover Your....you get the point. It is their product, and the TOS are written by them. If you're trying to find a loophole in the TOS that will entitle people to a Stash that doesn't have an expiration, you may be wasting your energy. If someone makes a purchase and has a full Inventory, the onus is on them with the knowledge that they have limited space. Other than that, there is no plausible argument because Virtual Currency does not expire.
Netmarble bought the Vancouver Studio that produces the game. Still the same people.
kabam is still the production and development company. is just the ownership is netmarble...
yes expiring is a form of regulating you are correct on on that point. please do not be rude and yell at me in capitals and please do not insult and condescend me with the use of a racist term "BOI". i have not been rude or disrespectful to you please extend the same courtesy unto myself.
however as the TOS clearly states "cannot expire" this cannot be an acceptable form or regulating. there is no question here about the cap itself that is all good. it is the fact they state not expire yet here we are with expiring items. regulating would need to be done via a different method.
The expiration is part of the regulating. It ensures that a certain amount is held and used. I can assure you, they are well within their rights to place a time limit on what we hold in the Stash.
As for the comment, I'm not sure how I see that as being racist. It's slang.
it clearly states a difference between "virtual currency" and "site items"..... cus the way the TOS comes across is that i could buy units then buy 1000 potions and they would always be available for me to use./ however we know that is not thew case. i would have a limited time to use my product.
boy is a racist term.... however not arguing that here the rest of the comment was still very aggressive and condescending.
but regardless that is not the point here. i still would like to hear from kabam on this as cannot expire clearly means only one thing and that is cannot expire. as much as they can regulate anything however they want they have clearly stated they cannot expire.
not having a go at you but are you a laywer? do you have a law background?
One if boi is racist then pretty sure half the internet is racist
2 no but I do know enough about the law to l know when I see a stupid lawsuit plus I grew up around them and have my own so after a while you kinda learn stuff (like when a stupid lawsuit is about to come up)
3 this is a dissucion board as kabam mods have said in the past if you want one one support submit a ticket
pretty sure you should do some research as this term goes back to slavery in america.... anyway the point was about you being condecending toward me.... so racist or not does not change the way you were talking down to me...
moving along.....
i have previously said i was not looking to sue anybody.... and obviously this is a discussion board hense why i posted here for a discussion...