Possible to get refund/win PayPal dispute after ban?

[jimjohnson]

what they say and what they acutally selling is up to a court to determine. they can say they are providing a service. but when in fact they are selling a product.

also about lax.


This is a quote of lax talking about D3 and multiboxing in the main forum on a sticky.

From the few minutes of quick research, it was an extension to IS that was in question being ISXWarden and ISXWoW, not InnerSpace.

InnerSpace tmk has never been illegal since it does not automate anything. You are more then welcomed to go google and prove me wrong though.

 

[chillmastor]

what you did there was compair something that is illegal to do and something that isnt illegal to do.

Disney cant ban me for using a hoverround to get around the park.(automation of walking)
just as blizzard cant legaly bann you from botting (automation of key input)

thats why Multiboxing got overturned. The guy that made Isboxer acutally went to court and beat blizzard. they where banning him and other multiboxers because of the multiboxing software was automating key imputs to other accounts attached to the 1 main account. Pressing 111111 doesnt translate into 123456 normaly so its automating that type of imput. But he won because he had the money to fight it in court. Same thing would happen if someone could afford to take blizzard to court over botting. we are not hacking their end of the game we are just automaitng normal key imput. Which we by all rights have the legal right to do. Now hacking their IP is against the law and they have the right to ban you for that. but botting no legal right.

Yeah maybe that was a bad comparison but the thing with blizzard is more like this:

It is legal to smoke.
You enter a bus and there is a sign: NO SMOKING!
You still begin to smoke which is not against ANY law BUT against the rules that the bus-company has set.
They now DO have the right to kick you out because when you entered the bus you DID saw the sign.
PLUS you will not get your money back.

 

[Farix]

Unfortunately, after reading this thread I feel like I've just watched an episode of Jerry Springer: Oprah Winfreys' baby daddy Dr. Phil comes out of the closet ***SPECIAL****.

 

[jimjohnson]

Unfortunately, after reading this thread I feel like I've just watched an episode of Jerry Springer: Oprah Winfreys' baby daddy Dr. Phil comes out of the closet ***SPECIAL****.

I miss Geraldo Rivera

 

[markn12]

You internet lawyers need to go back to the fake law school you never even thought of attending or stop watching law & order.

1. You're paying for a service.
2. The company has the right to set any rules for this service as long as they do not violate federal or state laws or a persons rights.
3. The TOS/EULA we all agreed to is written by maybe 2-3 dozen lawyers to make sure its legal.
4. Until a judge rules something in that tos is illegal they have a legal right to ban you for breaking it and not giving you a refund.

You CANNOT dispute any of this you broke the rules therefor you forfeited your right to the service for buying the product.

Also you idiots saying you got banned so you can chargeback bossland for DB. DB has warden protection, but it has never claimed to protect you from bot like behavior. WARDEN is not why any of us were banned if it were EVERYONE here would be banned not 5% of us.

 

[Trevor]

If I got banned from d3, I'd charge back all of my items I bought. I don't care.


now as far as demonbuddy? nah. I am loyal to our bot god.

 

[markn12]

FRAUD
noun
1.
deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage.
2.
a particular instance of such deceit or trickery: mail fraud; election frauds.
3.
any deception, trickery, or humbug: That diet book is a fraud and a waste of time.
4.
a person who makes deceitful pretenses; sham; poseur.

Everyone of you who charge back after getting a bot banned are committing this not that you care or have any integrity at all. You're all lying to your CC company or paypal to get your money back therefor you're committing fraud.

 

[swolbyn]

FRAUD
noun
1.
deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage.
2.
a particular instance of such deceit or trickery: mail fraud; election frauds.
3.
any deception, trickery, or humbug: That diet book is a fraud and a waste of time.
4.
a person who makes deceitful pretenses; sham; poseur.

Everyone of you who charge back after getting a bot banned are committing this not that you care or have any integrity at all. You're all lying to your CC company or paypal to get your money back therefor you're committing fraud.

Not really. It all comes down to product vs service. It's not really in stone legally. Many people see diablo 3 as a product. You go to a store and buy it. (You cant read or agree to ToS at the store prior to purchase, so it's not legally binding, also most stores wont let you return it after you open it --- which is required to install and read the tos). So yes. it's a product and yes. you can no longer use said product, so yes you can get a refund from credit card company.

that said. I'm not banned on any accounts and when i do i dont plan to chargeback. but i completely understand and agree with those that do.

 

[markn12]

Not really. It all comes down to product vs service. It's not really in stone legally. Many people see diablo 3 as a product. You go to a store and buy it. (You cant read or agree to ToS at the store prior to purchase, so it's not legally binding, also most stores wont let you return it after you open it --- which is required to install and read the tos). So yes. it's a product and yes. you can no longer use said product, so yes you can get a refund from credit card company.

lol so much WRONG information.

Read the bottom of the box it says you're required to agree to a TOS to play and gives a web address of the TOS a judge would ask you why didn't you go to the site and read it before purchasing you had the opportunity to do so and they did not stop you from doing so. Not to mention this is mute several stores allow you to return a product after opening it. Also no it is NOT a product it is a service what you think it is means nothing when it comes to the law. Stop justifying being a scammer and just admit the type of character you have.

 

[Jackie1234]

lol so much WRONG information.

Read the bottom of the box it says you're required to agree to a TOS to play and gives a web address of the TOS a judge would ask you why didn't you go to the site and read it before purchasing you had the opportunity to do so and they did not stop you from doing so. Not to mention this is mute several stores allow you to return a product after opening it. Also no it is NOT a product it is a service what you think it is means nothing when it comes to the law. Stop justifying being a scammer and just admit the type of character you have.

I have a collectors edition right here. and No where anywhere on the outside of this box does it have any of that on the outside of the box. on the outside of the box it says Diablo III and the words collectors edition. And a judge already in the EU has a ruleing that the Eula and TOS you are "Forced" to agree to after buying the game are not legal binding in the EU.

 

[Jackie1234]

You internet lawyers need to go back to the fake law school you never even thought of attending or stop watching law & order.

1. You're paying for a service.
2. The company has the right to set any rules for this service as long as they do not violate federal or state laws or a persons rights.
3. The TOS/EULA we all agreed to is written by maybe 2-3 dozen lawyers to make sure its legal.
4. Until a judge rules something in that tos is illegal they have a legal right to ban you for breaking it and not giving you a refund.

You CANNOT dispute any of this you broke the rules therefor you forfeited your right to the service for buying the product.

Also you idiots saying you got banned so you can chargeback bossland for DB. DB has warden protection, but it has never claimed to protect you from bot like behavior. WARDEN is not why any of us were banned if it were EVERYONE here would be banned not 5% of us.

not one person said anything about chargeback on DB. its been about D3 charge back your banned acounts and buy new accounts with the refund money. This is what this is all about.

 

[Mirbz]

I have a collectors edition right here. and No where anywhere on the outside of this box does it have any of that on the outside of the box. on the outside of the box it says Diablo III and the words collectors edition. And a judge already in the EU has a ruleing that the Eula and TOS you are "Forced" to agree to after buying the game are not legal binding in the EU.

You proceeded to continue the install and play the game until you got banned for violating the EULA, thus its "legally applicable". If you read the TOS during the install and refused to continue because of something you disagreed with, then you may have grounds for returning the product. You're a fucking idiot if you think otherwise.

 

[markn12]

I have a collectors edition right here. and No where anywhere on the outside of this box does it have any of that on the outside of the box. on the outside of the box it says Diablo III and the words collectors edition. And a judge already in the EU has a ruleing that the Eula and TOS you are "Forced" to agree to after buying the game are not legal binding in the EU.

Button and top of the box it gives information where to READ the tos BEFORE purchase because you chose not to is your fault. The only grounds you have is returning the game because you don't agree to it but you did agree to it. Also yes the same type of people who are charging back for being banned are the SAME type of people who will charge back IB or DB the second it doesn't work or they stop using it.

 

[stormwarr1]

LOL what a read!

 

[gehoornde]

posting in somewhat epic thread

 

[faces]

You internet lawyers need to go back to the fake law school you never even thought of attending or stop watching law & order.

1. You're paying for a service.
2. The company has the right to set any rules for this service as long as they do not violate federal or state laws or a persons rights.
3. The TOS/EULA we all agreed to is written by maybe 2-3 dozen lawyers to make sure its legal.
4. Until a judge rules something in that tos is illegal they have a legal right to ban you for breaking it and not giving you a refund.

You CANNOT dispute any of this you broke the rules therefor you forfeited your right to the service for buying the product.

Most of that is right; they do have a legal right to deny you service if any of their terms are breached, but their terms can't actually infringe on your statutory rights as a consumer in regards to fitness for purpose/expected quality/etc.

I doubt anyone would take Blizzard to court over it, but it would be argued that (regardless of you breaking their rules) having your access to the entire game revoked would make the game unfit for it's intended purpose, as your payment was for lifetime-of-the-game access to the game. It differs from other peoples examples i.e. "getting kicked out of a club for smoking and not being able to get a refund, getting kicked out of disneyland for breaking their rules" as the entry fee in that circumstance is temporary, but that same example for a patron that had paid a lifetime membership would absolutely be entitled to a refund within the statutory period if they were kicked out and never allowed back.

That said, I'm not saying it's the right thing to do especially if your sole purpose for buying the game was to breach their terms, but people are well within their rights to do it.

 

[pikmin]

lol so many trolls here

 

[Jackie1234]

You proceeded to continue the install and play the game until you got banned for violating the EULA, thus its "legally applicable". If you read the TOS during the install and refused to continue because of something you disagreed with, then you may have grounds for returning the product. You're a fucking idiot if you think otherwise.

do i have to YET AGAIN link the case that already SAYS that the ingame EULA TOS that you are force to agree to after buying the GAME ARE NOT legal binding. You can already sell your account be cause you own it. there is nothing blizzard can do to ban you even though it says in there elua that its against the rules. because the EULA isnt legal binding. This has already been founded in courts in teh EU. Its only matter of time till it applies to IMPUT METHOD.

 

[Jackie1234]

Button and top of the box it gives information where to READ the tos BEFORE purchase because you chose not to is your fault. The only grounds you have is returning the game because you don't agree to it but you did agree to it. Also yes the same type of people who are charging back for being banned are the SAME type of people who will charge back IB or DB the second it doesn't work or they stop using it.

again i have my CE box right here and NO WHERE on the box does it have a website or anything giving me information on the eula or Tos.

 

[Jackie1234]

Most of that is right; they do have a legal right to deny you service if any of their terms are breached, but their terms can't actually infringe on your statutory rights as a consumer in regards to fitness for purpose/expected quality/etc.

I doubt anyone would take Blizzard to court over it, but it would be argued that (regardless of you breaking their rules) having your access to the entire game revoked would make the game unfit for it's intended purpose, as your payment was for lifetime-of-the-game access to the game. It differs from other peoples examples i.e. "getting kicked out of a club for smoking and not being able to get a refund, getting kicked out of disneyland for breaking their rules" as the entry fee in that circumstance is temporary, but that same example for a patron that had paid a lifetime membership would absolutely be entitled to a refund within the statutory period if they were kicked out and never allowed back.

That said, I'm not saying it's the right thing to do especially if your sole purpose for buying the game was to breach their terms, but people are well within their rights to do it.

exactly just like someone else said just cause it says taht a blizzard employee can come to your house and rape you in the ass with a chainsaw in the elua that you agreed to doesnt mean they acutally can do it. Just cause they say things in the elua and we are forced to accept them doesnt mean they are legal for them to do. or make them legal binding.