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

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Pocketrocket said:
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...
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Yea but see the eula also states that they can revoke your license at anytime at their discretion with no reasoning or notice to the subscriber
 
imdasandman said:
Yea but see the eula also states that they can revoke your license at anytime at their discretion with no reasoning or notice to the subscriber
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IF they refer to such a term in court they will simply lose the case. If they revoke without notice or reasoning they are obliged to refund. Or we could all open such a business and once we collected all the cash we would "revoke" all licenses...
 
Pocketrocket said:
IF they refer to such a term in court they will simply lose the case. If they revoke without notice or reasoning they are obliged to refund. Or we could all open such a business and once we collected all the cash we would "revoke" all licenses...
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alright then:

a) start a business like blizzard if it's as easy as that
b) take blizzard to court

???
profit
 
hetsig said:
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.
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not at all read into EULA agreements... your argument is void. People coming here and asking dumb questions.... I tried to be nice and point the guy into why it wont do shit...

bottom line is EULA wins... you can opt to not agree and tell me how well that works... YOU CANT PLAY violating terms of service is the same thing as a law, just not punishable BY LAW.....this is all related to intellectual propitiatory rights.

granted my example is different, it gives a better comparison for people to lazy to actually learn and understand what EULA agreements are all about...

I love how you took a horrible analogy that has in past gone to court and been established by law illegal, to one that is growing with intellectual property rights, and has gone to court and they always win.


bottom line is... try and get your money back, report back here....
 
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jojey said:
but when i bought d3, nowhere was listed that i ve to accept the terms of service in order to play that game right? :p
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Actually, when you create the account you HAVE to click the button that says "I agree" lol. You cannot complete your account registration without completing that step. Additionally, you accept the terms when you first login and every patch from there on out.
 
Pocketrocket said:
IF they refer to such a term in court they will simply lose the case. If they revoke without notice or reasoning they are obliged to refund. Or we could all open such a business and once we collected all the cash we would "revoke" all licenses...
Click to expand...

You're an idiot. You breached the terms of service. Do a few simple internet searches before you talk out of your ass. There have been MANY court cases involving EULA and TOS infractions/violation. Most courts typically rule that long as you are not FORCED into accepting their TOS/EULA (i.e. not given the option to accept or deny), it is a legal agreement between you and the company at hand. There are many shades of grey (take a look into the Bossland GmbH vs. Blizz.) when it comes to distrubting software that users could potentially use to violate TOS. If you are found to directly violate TOS/EULA, good luck.

Blizzard will actually refund your money if you choose not to agree to their TOS/EULA.
 
No matter what morals or legal reasonings people try to post here the simple answer is if you paid with paypal, yes, i have done it on 9x accounts. Otherwise No.

The next part is my reasoning and is long and drawn on, don't read it if you don't want to, the above already answered your question.

To all those with complicated methods of trying to figure all this out it is simple. EULA is not in any form a set law, it is a set of guidelines you must follow to use the software. Yes we breached the EULA but there is no way to play this game offline otherwise it would be a different story. Blizzard does not respond to paypals request for more information and it is a digital purchase so paypal will automatically default in your favor. Morally is this wrong? Yes, and so is ruining a game that other people spend time to play but yet, here we all are either trying to get ahead in the game or trying to put food on the table for tomorrow. We all have our reasons, in the world of business there is no sense of morality, and deciding to participate in the business world you very likely wont succeed if you decide to bring morality into the picture. I am a business man, and I got my money back.
 
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