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Destiny

Discuss all things Destiny.
Edited by Splatter AEX500: 12/8/2015 10:03:45 PM
79

About that new EULA...

Edit: The purpose of the post is to inform people of a clause in the EULA people may not be aware of. If you are ok with this clause then that's great, I just believe that people should be aware of this. So I decided to fire up Destiny today and I get a prompt to reaccept the EULA. After all the underhanded stuff Bungie has done before now I thought it would be best if I actually read it. I don't remember when the last time I was prompted to accept the EULA but according to the new EULA, the terms were changed October 5th, which was not what it said the last time I read it when TTK was released. There was some stuff that probably pertained to Silver in there which is fine, but here's the kicker: [quote]CLASS ACTION WAIVER: Any action brought by a party hereunder shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU, ON THE ONE HAND, AND ACTIVISION AND BUNGIE, ON THE OTHER HAND, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You have the right to opt-out and not be bound by this class action waiver by sending written notice of your decision to opt-out to the following address: Activision Publishing, Inc., 3100 Ocean Park Blvd, Santa Monica, CA 90405-3032, Attn: Legal. The notice must be sent within 30 days of purchasing the Program (or if no purchase was made, then within 30 days of the date on which you first access or use the Program). [/quote] That definitely wasn't there before and any company that includes a class action waiver in a contract is doing something shady. I figure that no one read the new EULA which is why I'm posting this now, so that you can all be informed about these things. If you are ok with these new terms that's up to you, but you should at least be aware of these new terms. I still accepted the agreement because it's either that, or trade the game in for a dollar at Gamestop and waste all the money I've spent on the game. I'm going to try to opt out but I'm not sure if I can since the prompt to reaccept the EULA came out 2 months after the EULA was supposedly updated. Stuff like this is the reason why I won't spend another penny on anything from Bungie or Activision. Before anyone says it, the reason why I'm still playing is because I've spent a lot of money on this game and don't want to throw that money in the proverbial trash. Fortunately this game doesn't have a subscription service, so I can play all I want without them getting a penny from me.
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#Destiny

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  • I could have sworn that if you didn't accept the terms and services for a product, that you had the right for a refund. Of course i could be misremembering that or it was only in a certain territory like Australia with pro consumer return policies. It was actually one of the reasons I asked bungie to start making us accept the EULA after every big update, because I wanted a contingency plan if I ever came across line I wasn't willing to accept.

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    • When has gamers ever united? When do haters ever united? Same reason why boy bands always break up...

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    • Glad it's not an actual signed contract. As far as I know a EULA has never been tried in court. I think both sides are afraid of the precedent should they lose. It's mainly just used to settle policy issues. And even when it's in a signed contract (like your cell phone) they don't hold water. Look at all the class action suits about "unlimited data."

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    • Shady af

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    • Changing the terms of an agreement after the original transaction, and without consideration? Thelma! Get me my first year contract law text book! This table has one leg shorter than the other!

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      • LOL - bunch of lawyers up in here...

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        • If you read the *finer print, it specifically says except Hunter Class Lawsuits. Lets get that Symbiote fixed shall we?

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        • Oh my god who cares

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        • What exactly is a 'class action waiver'? I don't know a whole lot about this.

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          • well I got same (as did everyone) Eula to either agree to or not, but my stuffs digital, so though I kinda get (in this case) why it's changed and it's not a massive deal, to me, if I wasn't to accept then what?, I mean I just can't play anymore, I mean Psn don't buyback licenses (yet:) so I am worried about these publishers 'pushing limits' on Eula's, unless/until there is some kind of 'reasonable' return/refund option on both digital and physical, though mostly digital, dunno, I guess it's just idea of being without 'options' if I ever did disagree to a point in some Eula, plus IF there were plausible returns/refunds policy each time their changed it'd likely dissuade any unfair ones from seeing daylight. good op btw, like it there's ppl who actually take interest/understand (then explain to rest of us) all this stuff.

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            • Shouldn't it go by the date you accepted it? If that's not the case then I can change any contract I have and give them 30 days to not agree and opt out but send it to them 60 days after I changed it

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            • To me, it reads as, "We are new to microtransactions, so if we -blam!- up and infringe on some rights, we'll be covered. We will correct ourselves, but we won't return money to the community as a whole. That it your prerogative." Biased, I know, but it came from Activision, owner of the largest gaming dairy farm.

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              • Tin foil hats are placed firmly on head in here, most of you don't even understand what an EULA is never mind a class action suit. It's not evil, go read all of the other EULA's for other games which you've agreed to.

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                • Bungie's lawyers earning their paychecks right here

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                • very interesting . . . well done, Guardian.

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                • I find it interesting this came out right before a potential class action issue was discovered. I'm talking about people paying for a product that anyone can get for free.

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                • Just because Bunglevi$ion places a clause in a EULA it does NOT make it law. I do not care how big, powerful, and wealthy a corporation is, they DO NOT have the right to deny legally established due process proceedings. If a VALID legal CA suit was filed, this EULA clause would be struck down during preliminary proceedings.

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                  • Well, Guitar Hero Live says on the back of the damn box 2-10 Online, but in reality you cannot actually play online with other people you can only see 9 other people's scores on the left of your screen while you are playing. That is down-right false advertising. And I ordered it because I thought I was gonna be able to play with my friend, but nope. F*** you Activision.

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                  • what i wanna know is how the lawyers who write these agreements get away with using language that very few average people understand. That excerpt looks like Chinese to me and its no wonder people don't read agreements.

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                  • And your point is? You're buying rights to use property they own. Agree to their terms or do not and have nothing to do with it. How would you like it when someone you invited over to you place takes a dump in the closet instead of where you'd have preferred it to be?

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                    • Are you familiar with the forums? I've seen at least 20-30 idiots make posts about class action lawsuits against Bungie for the absolute stupidest shit ("cut content, waaahhhhh") And some of these people are just crazy enough to actually try something like that. Can you really blame Bungie for trying to cover their ass from these lunatics?

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                      • Well, unless Donald Trump plays Destiny and Saul Goodman is his lawyer, Activision is safe.

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                        • It's a good move on their part, they don't need to be wasting money defending frivolous legal action and given the depth of vitriol, paranoia and idiocy in this community you have to cover your ass. Also, you will find that language in pretty much any EULA you check.

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                        • It's pretty smart on their part. A lot of people have threatened lawsuits over cut content particularly and even just bad gaming experience because of no dedicated servers. All valid points, but not worth wasting time and money on a lawsuit that wouldn't do anything. Maybe someone randomly threw in a credible lawsuit and they thought hey maybe we should cover ourselves... Just in case. I don't really have an issue with it unless they came after me but since I don't do anything wrong pertaining to the game I think I'll be fine.

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                        • Jesus. It's a video game.

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                          • If it went to a Pay-2-Play system then I would just quit.. why waste my time hiring a lawyer and that crap over a Video Game?

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