AutumnWalker
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Posted - 2008.12.25 03:29:00 -
[1]
 Originally by: Squirrrel
Originally by: Mavric
Quote:
The service CCP provides is this game. It is not permanent, given, but while our subscriptions last they can't pull the plug without consequences. They can pull the plug at the very momentall subscriptions end, but that would be as smart as Coke stop selling soft-drinks. This is how they make money, my friend, they pull the plug they shoot their own head...
You should probably read the EULA. It is almost standard wording on any online service that they can shut down without notice and not be responsible. They are also not required to refund any outstanging ballance for unplayed time.
I'm not sure that's strictly true looking at the wording per-section:
Quote:
EULA:
6. TERMINATION; SUSPENSION OF ACCOUNT
A. By CCP for Termination of the Game
CCP does not guarantee that it will continue to offer access to the System or support the Game. CCP may, in its sole discretion, cease to provide any or all of the services offered in connection with EVE (including access to the System and any or all features or components of the Game), terminate the EULA, close all Accounts and cancel all of the rights granted to you under the EULA. CCP may communicate such termination to you upon 30 days notice in any of the following manners: (i) when you log into your Account; (ii) in a notice on CCP's website; (iii) via electronic mail; or (iv) in another manner that CCP deems suitable to inform you of the termination. If CCP terminates the EULA pursuant to this section, you will not receive a refund of prepaid subscription fees.
You're correct about the subscription fees on this basis.
Quote:
16. GOVERNING LAW AND EXCLUSIVE FORUMThe EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of the Republic of Iceland. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the EULA, or otherwise relating to any rights in, access to or use of the Software, System, Game, Game Content, User Content and/or the rights and obligations of the parties hereto, shall be the District Court of Reykjavfk, Iceland, (HTra=sd=mur Reykjavfkur). You hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and agree to the jurisdiction of the District Court of Reykjavfk, Iceland.
MISCELLANEOUS
If any part of the EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EULA, and the remaining portions shall remain in full force and effect.
You shall comply with all applicable laws regarding your access to and use of the System, use of the Software, your access to your Account and your playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the System or the Software except in full compliance with all applicable laws and regulations.
The only question would be, what is the law of Iceland in regards to compensation for the total shutdown of the game.
Unless they mass-ban the player base with time remaining on accounts, law still might override the EULA.
... and regardless of CCP's EULA, credit card companies can be extremely liberal when dealing with consumer chargebacks. The first thing that I would do if I was amoung the banned is to initiate as many chargebacks as I could - depriving CCP of at least some income. |