can you ask for refund on d3, because you got banned?

[jojey]

yeah pretty much topic..

i mean if you buy something it belongs 100% to you right?

since blizz took it away from you..are there any ways you can legaly fight it?

just wondering... dont think i ll take a step into that direction but i mean that just cant be right..

you buy a product, pay for it with real hard earned money, then they just, at any given time can TAKE IT AWAY FROM YOU..

its like if you buy a complete new computer and just because you changed the ram, the company takes back that computer without giving you refund..

i mean banns would be justified if its not ONLINE ONLY.. but since its online only.. they basicly just killed your bought diablo version...

 

[ezpwnd]

you still own it, you are just not allowed to play it on their servers anymore.

 

[fr3357]

yeah pretty much topic..

i mean if you buy something it belongs 100% to you right?

since blizz took it away from you..are there any ways you can legaly fight it?

just wondering... dont think i ll take a step into that direction but i mean that just cant be right..

you buy a product, pay for it with real hard earned money, then they just, at any given time can TAKE IT AWAY FROM YOU..

its like if you buy a complete new computer and just because you changed the ram, the company takes back that computer without giving you refund..

i mean banns would be justified if its not ONLINE ONLY.. but since its online only.. they basicly just killed your bought diablo version...

more less... you paid for a license to the product, and agreed to there terms of service which you broke, thus revoking your license...


This is like saying, If I bought my car license and paid for my road test etc etc, got caught drunk driving and they took it away, can I get a refund? If you violate terms of service you lose it.


"A license may be granted by a party ("licensor") to another party ("licensee") as an element of an agreement between those parties. A shorthand definition of a license is "an authorization (by the licensor) to use the licensed material (by the licensee)."In particular, a license may be issued by authorities, to allow an activity that would otherwise be forbidden. It may require paying a fee and/or proving a capability. The requirement may also serve to keep the authorities informed on a type of activity, and to give them the opportunity to set conditions and limitations."

"A licensor may grant a license under intellectual property laws to authorise a use (such as copying software or using a (patented) invention) to a licensee, sparing the licensee from a claim of infringement brought by the licensor.[SUP][7][/SUP] A license under intellectual property commonly has several components beyond the grant itself, including a term, territory, renewal provisions, and other limitations deemed vital to the licensor."
License - Wikipedia, the free encyclopedia
http://www.igda.org/sites/default/files/IGDA_IPRights_WhitePaper.pdf

 

[Synik]

Best way to think about this is as follows;

You are not buying the game, you are buying access to the game via the Terms of Service agreement.

 

[jojey]

Best way to think about this is as follows;

You are not buying the game, you are buying access to the game via the Terms of Service agreement.

but when i bought d3, nowhere was listed that i ve to accept the terms of service in order to play that game right?

 

[joni]

if you bought it via paypal in the last view weeks, yes just ask for a refund from paypal, you gonna get your money back
and write blizzard "fu i didnt bot"

 

[Stevenv]

but when i bought d3, nowhere was listed that i ve to accept the terms of service in order to play that game right?

when you login for the first time, a giant TOS window pops up. you accepted when you made your first char to BOT On

 

[fr3357]

but when i bought d3, nowhere was listed that i ve to accept the terms of service in order to play that game right?

this is where your getting confused. you did not ever buy d3. You purchased a installation disc and a key that gives you the capability to play it. Granted it is vague on the EULA pre purchase, this time and age, I am pretty sure most people understand terms before purchase. By all means you can try to get your money back, I am just giving you the details as to why 99% chance it wont happen, unless you did purchase paypal and did a charge back. Which is still not 100%.

 

[niclas90]

This thread is really stupid. Of course you can't get a refund.

 

[TouchMeGently]

yeah pretty much topic..

i mean if you buy something it belongs 100% to you right?

since blizz took it away from you..are there any ways you can legaly fight it?

just wondering... dont think i ll take a step into that direction but i mean that just cant be right..

you buy a product, pay for it with real hard earned money, then they just, at any given time can TAKE IT AWAY FROM YOU..

its like if you buy a complete new computer and just because you changed the ram, the company takes back that computer without giving you refund..

i mean banns would be justified if its not ONLINE ONLY.. but since its online only.. they basicly just killed your bought diablo version...

Perhaps you can try to tell them they have no right to take your money and ban you for using hacks without providing proof of you doing so. In which case they will probably fall back on the policy of them being able to ban you for no reason. If they take your money and then ban you for no reason, there might be some consumer laws that punish such practice.

 

[hetsig]

This is like saying, If I bought my car license and paid for my road test etc etc, got caught drunk driving and they took it away, can I get a refund? If you violate terms of service you lose it.

Thats a pretty bad analogy since you brake the law and therefore they revoke your license. Botting is legal and Blizzard is pretty much setting up their own laws in their ToS. For instance, if you would sign a contract where it says that person X is allowed to kill you, person X would still get in trouble if he/she did the deed. That was a pretty bad comparison but it gets the point across I think.

We can try gather up and file a class action lawsuit against Blizzard. Not sure that would work but hey its America, they are pretty crazy when it comes to suing.

 

[tbgvtr]

cant file class action as stated on Blizzard Entertainment:Blizzard Entertainment Dispute Resolution Policy but can file for arbitration, and if you live in the U.S it must occur in a location convenient to you! hint: section 7 says if any part is unenforcable, and section 1 says must negotiate for 30 days, but b.c section 7s severability, section 1 is void.

Also their term of use, term of service, and end user license agreement are not above the law, which supercedes all of them. additionally many of us did not agree to the these terms at the point of sale of retail game, further voiding them.

 

[jojey]

Perhaps you can try to tell them they have no right to take your money and ban you for using hacks without providing proof of you doing so. In which case they will probably fall back on the policy of them being able to ban you for no reason. If they take your money and then ban you for no reason, there might be some consumer laws that punish such practice.

hetsig

Quote Originally Posted by fr3357 View Post
This is like saying, If I bought my car license and paid for my road test etc etc, got caught drunk driving and they took it away, can I get a refund? If you violate terms of service you lose it.
Thats a pretty bad analogy since you brake the law and therefore they revoke your license. Botting is legal and Blizzard is pretty much setting up their own laws in their ToS. For instance, if you would sign a contract where it says that person X is allowed to kill you, person X would still get in trouble if he/she did the deed. That was a pretty bad comparison but it gets the point across I think.

We can try gather up and file a class action lawsuit against Blizzard. Not sure that would work but hey its America, they are pretty crazy when it comes to suing.

pretty much THIS is what i meant, thx for clarifying it to other people =)

i mean either they give me my money back or give me a solid proof on HOW they detected me on botting

but banning me without a solid reason is just not right

 

[aqh]

It says in the EULA that you don't buy an account. You rent it. It is always blizzard's property.

 

[tbgvtr]

It says in the EULA that you don't buy an account. You rent it. It is always blizzard's property.

see my above response, no contract supercedes the law, and any contracts witheld werent presented at the point of retail sale of game.

 

[jojey]

see my above response, no contract supercedes the law, and any contracts witheld werent presented at the point of retail sale of game.

basicly this gain, i mean isnt it the same as with WARDEN? its in the eula that they are allowed to scan your WHOLE RAM but then there was a lawsuite and blizzard lost it, cuz their EULA cant supercede the actual law

 

[animetion]

Wal Mart/Best Buy/etc have a 90 day return policy. Buy all of your D3 copies from Wal Mart and keep taking them back every time that you are banned. You aren't breaking any rules or laws by doing this. Wal Mart/Best Buy GUARANTEE that I am satisfied with a product for 90 days to 1 year(depending on store policy). I wasn't satisfied that I couldn't play D3 anymore on banned accounts so I got new ones.

 

[tbgvtr]

i dont know about walmart for sure, but best buy and target will not accept returns on opened video games or any electronics unless they are defective... i guess you might be able to convince them theyre defective though i am not sure.

 

[Crashrun]

I tried to get a refund through paypal a few weeks ago for being banned within a month, but they denied it. Took about 2 weeks to get the decision.

 

[Pocketrocket]

i mean either they give me my money back or give me a solid proof on HOW they detected me on botting

i read carefully the EULA , i even had my lawyer girlfriend read them , and we came to the conclusion that BANNING WITHOUT GIVING SOLID PROOF is an abuse of the EULA and you can actually sue them...