Interesting Hole in K2 TOS

[microsmurf]

It is true any lawsuit you file and take to court they will win but I too have a lawyer pending with a lawsuit to be filed. I will not win the case but from what a lawyer says it would never even make it to court if K2 is smart they will settle the dispute outside of court because of all the negative publicity it will bring. In my case my account was hacked so all I need is hard evidence (paper) that I tried everything in my power to contact K2 (if you don't your claim will be thrown out) to have the issues fixed. Example I went to California and found there real address and hired a privet investigator to take care of contacting them on my behalf (that’s the legal way of doing it). That way they can’t call the cops to have you charged for trespassing. If you do go there they can do that and if it did go to court they can use it to make you look real bad and counter sue you.

As of now they have given my account back but with no items. My lawyer/PI said wait a week or 2 more till we file the lawsuit.
Also the girl from K2 that called me sounded HOT :lol:

[Private]

meh...go get a hobby.[/b]

shut

so you're gonna put up a law suit just because your scrolls do not work?

evenso, the accounts and all in game items belong to them (yes even your kc) this means its still their problem, not yours if they're having a nice day they might refund the kc you lost on scrolls but other than that, lol[/b]

the

so because you are frustrated and down you gonna try and sue k2 for some shit no one ever thought about ?
thats stupid , and its also stupid to think you can beat a company such as k2 in court .[/b]

fuck

if they lose this case they will do everything to get you banned/hack, which wont take long[/b]

up

he's doing something other then sitting on his ass bitching and moaning

and its been done it was successful and it was basically for the same thing when k2 didn't give out trinas with premium for like 3 months we had someone in california file a complaint with the cdca and when it was filed it was the first complaint ever filed . k2's tos does not even apply to the cdca because the cdca is a state run organization aimed at protecting consumers . you have to be a california resident and if u purchase the scrolls and they say it will last for 30 minutes then they are violating law ! thats all there is to it even if k2's tos says blablabla nothing u can do about it .... the law established by the state of california trumps anything there tos says

so i say again shut the fuck up with your uninformed bull shit

oh and best thing is with cdca u just file complaint and thats it no money needed no court case they will pursue them for you

[orko]

the only service you are paying for are connection time when servers are open and more exp and all the other benefits of premium...
they dont promise no buggs or anything like that

k2 is only offering a game that is free to play... you already got that, you dont have to pay... you're basicly donating and not telling them what to do other than giving the bonusses of premium (which you get)
and btw their tos is near perfect to defend them from things like this, as you have nothing from them (everything belongs to them), maybe you can charge them on fraud or scamming but lol

go ahead, try it, you won't gain nor will k2 lose something, but you will loose the money you invested in doing the lawsuit[/b]

READ, he is not talking about premium, but scrolls...

The TOS also includes a part that says you may not sue them based on a claim that you "own" the items since you don't own them. I don't know how that "implied warranty" works but usually the "warranty" assumes that by buying the item you also become the owner. So you could only say that the service you have purchased (the function of the scrolls) is not working as intended. However on the same ground you could say that premium exp/coin bonus doesn't work as intended since all the spots where you could take advantage of your exp bonus are overrun by cheaters. I haven't seen a report of someone successfully suing k2, maybe because everyone lacks the ability or courage or k2 has well-established ways to fend off the attempts.[/b]

It suppoused to be a claim that you pay for a service, not that you own the scrolls. Also, there was once, someone that did file against K2 via BBB and got K2 to be more active and better, for about 2 months xDDD

[camaz0tz]

ud have to argue that they ARENT working, which they do...theyre just being used improperly, but they still FUNCTION properly

thats like making a lawsuit cuz ur toaster is burning all ur toast, but at the same time its only being burnt cuz everytime u put toast in ur friend puts it on the highest heat setting.....

toaster is working, its just not being used properly...thats not the company's fault thats the users fault

[schrotti]

In the same time, you could be filing a law suit - saying the scrolls won't work along with Transformation Scrolls, or even the CSW scrolls, as the description never implied for the scrolls NOT to be working in any sort of way, actually... last I checked they gurantee full functionallity.

[holychit]

no cama,

the law simply states you hav to prove they aren't functioning "as intended".

its like you put your toast in the toaster but have to press the toast button down every 5 seconds when it was designed to automatically time your toasting without you having to press it.

[Private]

ud have to argue that they ARENT working, which they do...theyre just being used improperly, but they still FUNCTION properly

thats like making a lawsuit cuz ur toaster is burning all ur toast, but at the same time its only being burnt cuz everytime u put toast in ur friend puts it on the highest heat setting.....

toaster is working, its just not being used properly...thats not the company's fault thats the users fault[/b]

no its like the k2/toaster company is advertising on the sale of the scrolls / toaster that they will last 30 minutes / not burn

if the toast then burns or the scrolls dont last 30 minutes the company is at fault

and schrotti it has to be something u actually purchase

regardless a law suit is dumb u wanna sue k2 sue them for invasion of privacy there anti hack is worse then wat wow had

the cdca is basically a tax funded lawyer who works directly with the states attorney generals office afaik

in michigan i've dealt with the state attorney generals office many times whenever needed and in business u dont fuck around with the state attorney generals office

[Psyh3ll]

I hope you pursue this.. It could help and it could backfire either way.. Theres prolly alot more loops in the tos if you take enough time and read and compare througoughly enough.. Good job and good luck!!

[holychit]

guys, its just a discussion . . . not an actual lawsuit. and i have dealt with california's attorney general a couple of times . . . he's right. businesses do not fuck with these guys if they can avoid it.

i'm intrigued by the invasion of privacy idea. from a legal standpoint it has much more merit, but i do not want to do anything to assist the hackers at this point.

so what we need is a legal way to document the improper functioning of the scrolls. anyone know if fraps can be used in a forensic capacity. my bet is not. ksc's might work since they accept them as an official method for reporting in game activities. I got some nice ones on ionia at war, but i am no longer a california citizen.

[holychit]

@private

cant find a suitable link for cdca - can you break down the acronym please. all i get is central district cali

[nikleo]

- 1500$ usd retainer for lawyer
- 150-300 usd per hour lawyers hourly fee
- upwards of 1100 usd in court cost , if you loose you will have to pay them
- possible counter suit from k2 for any reason



- 1 set of hp and ac scrolls 5 bucks


tbh i like the idea but im not willing to sue them over it but its a good discussion none the less

[lil_mageskillz]

wow lmao you need something better to do then researching k2 all day.

[Boyce]

shut
the

fuck
up

he's doing something other then sitting on his ass bitching and moaning

and its been done it was successful and it was basically for the same thing when k2 didn't give out trinas with premium for like 3 months we had someone in california file a complaint with the cdca and when it was filed it was the first complaint ever filed . k2's tos does not even apply to the cdca because the cdca is a state run organization aimed at protecting consumers . you have to be a california resident and if u purchase the scrolls and they say it will last for 30 minutes then they are violating law ! thats all there is to it even if k2's tos says blablabla nothing u can do about it .... the law established by the state of california trumps anything there tos says

so i say again shut the fuck up with your uninformed bull shit

oh and best thing is with cdca u just file complaint and thats it no money needed no court case they will pursue them for you[/b]

I wanted to say the same thing.

wow lmao you need something better to do then researching k2 all day.[/b]

Fuck off

[PaPaSmurF]

wow lmao you need something better to do then researching k2 all day.[/b]

GTFO dude.
Someone taking their time to attempt to better this game and you say something as down syndrome as that?.
G
T
F
O
kkthnxbia.
<_<

Everyone knows K2 is unjust with their game. There are several bugs that interfere with game play. Also false promise from the company. I remember along time ago (3~4 years) they promised new zones that only premuim users could go to.. Haven&#39;t seen that yet. Not to mention the hackers. There has to be something that can be done. IMO the ToS should be able to have so much power...

[holychit]

no shit @ the gay replies.

i don&#39;t have anything better to do atm because the hackers have taken over my game. so either contribute to the thread or gtfo.

i get a warn and a 2 day ban for calling trialmod3 chuckie and they can flame me like this?

lol @ ko4life
(vote no on trial mod 3 btw - i think he is chuckie even though phantom and shurt assure me that he is not.)


back to the topic at hand -

@nikleo the reason private suggests using the cdca or whatever is that you don&#39;t have to pay for any of that - you are filing a complaint with the people that are paid by the state to protect the rights of the consumer.

btw, you don&#39;t need a lawyer to take them to small claims 10000 times.