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User agreements

Discussion in 'Business & Corporate Matters' started by Michael Adorjan, Nov 15, 2020.

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  1. Michael Adorjan

    Michael Adorjan Law Topic Starter New Member

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    Hello. Im curious if a video game does not have a user agreements and the game is unfinished and you pay for it and it makes u lose progress and the company does nothing to help you get it back. Is there a case here Game is ark survival evolved .
    Thank you for your time
    Michael Adorjan
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Sorry, no case. You bought it knowing it was "unfinished." That's the same as "As Is" with no warranties or guarantees of any kind.

    The game has been around for several years. You may be able to get free updates that might help you. If not, you'll have to buy them.
     
  3. Michael Adorjan

    Michael Adorjan Law Topic Starter New Member

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    I didnt know it was unfinished at purchasing
     
  4. army judge

    army judge Super Moderator

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    caveat emptor: Latin for "let the buyer beware." A legal doctrine that often places on buyers the burden to reasonably examine property before purchase and take responsibility for its condition. This is especially applicable to items that are not covered under a strict warranty or other form of guarantee.
     
  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    We really don't know enough about this case to provide an answer although I'm inclined to agree with everyone above.

    First, were there no agreements at all? When you made the purchase, were there terms of purchase? If this was a game such as what you'd purchase at Steam, I'd find it hard to believe there are /were no agreements.

    Second, what are your damages that you are claiming - a lost game save?

    Third, let's assume you have a cause of action. What is the damage worth? It is probably not going to be worth more than the cost of the entire game.

    How many have the same problem or is it possible that you were one of the few to be impacted? Let's assume you have a cause of action. These are the types of problems that are most likely either: resolved directly with a vendor (who may wish to avoid the negative publicity and dispute for a relatively small amount); in a complaint to a state attorney general; in a class action assuming many others are impacted and the game developer has deep enough pockets to make an action worthwhile.
     
  6. Michael Adorjan

    Michael Adorjan Law Topic Starter New Member

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    Yes no agreement at all n how can i examine a game that is download only from xbox market place
     
  7. Michael Adorjan

    Michael Adorjan Law Topic Starter New Member

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    everyone has a problem or issue in some way with this game n they wont do anything for u
     
  8. Michael Adorjan

    Michael Adorjan Law Topic Starter New Member

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    They did a update 2 yrs ago and i lost all my work character n all it takes abot 120 hrs to make a base and stuff and they constantly make it easier and easier for the toxic peiple to raid u or steal your stuff
     
  9. justblue

    justblue Well-Known Member

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    Would you, please, write in standard English? Text talk is not appropriate for a legal site. Thank You.
     
  10. army judge

    army judge Super Moderator

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    If you can't fully examine a "thing", prudence would suggest you don't purchase the "thing".
     
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  11. justblue

    justblue Well-Known Member

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    Oh. My. God! You mean, like, that's an option??????????????? Who woulda thunk it??
     
  12. Tax Counsel

    Tax Counsel Well-Known Member

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    The game Ark Survival Evolved is sold through several digital game distributors; Steam, Epic Games Store, the Sony Play Station, Microsoft Live for the X Box, and the Nintendo Switch store, and the Apple and Android App stores. In other words, it's available on all the really big computer game distribution platforms. The game developer apparently does not sell the game direct to consumers itself, which is not uncommon for small game studios. As a result, the terms of sale of the game depend on which platform you bought the game from, e.g. the terms on Steam are different from the terms on the Epic games store.

    I see that you evidently bought it from the Microsoft Store. Microsoft has a page that addresses refunds here: Microsoft refunds

    You are likely to find that your recourse is limited to seeking a refund under Microsoft's refund policies.
     
    Last edited: Nov 16, 2020
  13. Tax Counsel

    Tax Counsel Well-Known Member

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    I hate to say it, but this is not all that unusual for the gaming world. These sorts of problems occur in a variety of games, especially those from smaller, less sophisticated developers. The problem is that your lost time from the wipe is not something for which you can seek recourse outside of the refund policy offered by the seller. And keeping and playing the game for 2 years after the wipe pretty much kills any chance for refund based on the wipe.

    As for letting in toxic players, well, games starved for players to get revenue will lower their standards and keep paying players even though they are toxic. While it's good for the bottom line in the short term, in the long term it hurts the game. But developers that are in a tight money position find themselves in a box where if they kick out the toxic players now and lose the related revenue stream they might not survive long enough to worry about the long term anyway.
     
  14. Tax Counsel

    Tax Counsel Well-Known Member

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    Although there are a number of things that you cannot, as a practical matter, fully examine prior to purchase. I cannot fully examine the apple I wish to buy at the store before purchase; I can see the outside of it, smell it, squeeze it for firmness, but until I cut or bite into it I cannot really know the condition of the inside of the apple. Computer games, too, generally cannot be fully examined prior to purchase. If the company lets you play the entire game before you plunk down your money, why would any player buy it? You've already played it and thus have no incentive at that point to pay for it.
     
  15. army judge

    army judge Super Moderator

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    That is YOUR opinion, mate.

    I've never been scammed, conned, or bamboozled out of so much as a nickel.

    I may have walked away from what I THOUGHT was a "flim flam", when it was a legitimate buy.

    That doesn't bother me.

    What I don't buy today, will be available when I'm comfortable dropping my "Benjamins".

    If I choose never to buy the thing, as my dad taught me, "Keeping your money in your pocket is better than buying most things".

    If your philosophy pleases you, keep on keeping on.
     
  16. army judge

    army judge Super Moderator

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    I KNOW who failed to do it and is whining about being bamboozled.

    I also KNOW who isn't whining, and who has never dropped a dime for any virtual game.
     
  17. Tax Counsel

    Tax Counsel Well-Known Member

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    Yes, it most certainly is, based on my decades of experience in both the virtual and real worlds.

    Neither have I. But I certainly have bought products and services from time to time that, after receiving them, I was disappointed in what I got. I'd be surprised if you haven't had at least a few such disappointments too over your many years on this earth. And the OP's problem appears to me to be more of a game that fell short of expectations than it is any scam. I'm a bit of a gamer myself and looked at the game he mentioned. It is not a game that would interest me, but it does appear to be a legit game as opposed to some of the cons out there. Indeed, it has garnered overall positive reviews.

    Unfortunately, not all games, much like other forms of entertainment like movies, TV shows and the like, are great. It's not fun to spend money on movie that turned out to be terrible or a game that is awful. But of course it happens all the time, and as you know, recourse for such disappointment is extremely limited, if it exists at all.

    However, the risk of such disappointments don't keep me from trying what appears to be an interesting game or watching what looks to be an entertaining film. If you wish to avoid that risk by never plunking down your "Benjamins" for such things so you'll never be disappointed, have at it. That's your choice to make. But you may miss some great things, too, with that approach.
     
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  18. zddoodah

    zddoodah Well-Known Member

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    This sentence is incomplete and largely incoherent. How is it you gained access to an unfinished game? What does "it makes you lose progress" mean? What "company" are you talking about?

    Is there a case of what? Where? Are you under the impression that a maker of a video game has some sort of legal obligation to allow for progress to be saved? Anyone who grew up on video games in the 80s or 90s would find that absurdly hilarious.

    Are you supposing there isn't a blanket click license that is applicable to such purchases? I'll bet there is.

    That's demonstrably false. I don't have a problem with it, and I'm certainly part of "everyone."
     
    Last edited: Nov 16, 2020
  19. zddoodah

    zddoodah Well-Known Member

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    The following is a private message that the OP sent me:

    Very intelligent commentary. If you have anything productive to say, feel free to post it here.
     
  20. justblue

    justblue Well-Known Member

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    lol...I got a bunch of love letters from OP. Seems he took offense at my polite request to refrain from using text-talk.

    And yeah...most of the messages are illiterate and nonsensical. I advised OP to take advantage of one of the many free on line English courses available.
     
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