Interesting Hole in K2 TOS

[wawh]

Ask shark how he got his character back. He did it by threatening k2 with legal action. They ran scared. If anyone was to attempt anything like this against k2,its goodbye KOL. Simple and true. Discussion over[/b]

well who wouldnt, earn an extra 6-35 usd each month, or go into trial for thousands of dollars... my descision is made quickly on that one

(k2 doesnt care about the fairness in the game, only money)

[darkcloud3]

Ask shark how he got his character back. He did it by threatening k2 with legal action. They ran scared. If anyone was to attempt anything like this against k2,its goodbye KOL. Simple and true. Discussion over[/b]

Actually, the reason why Shark was unbanned was because he wrote a customer support ticket and his entire clan was spamming the GM to re-investiage his account. As usual, you are talking out of your ass and looking for attention. You need a need hobby.

[denon33]

wow u guys are too clever for me....argue away and i'll see if my simple brain can keep up with all this rhetoric,statutes and rights. I fear u are in danger of disappearing up your own constitutional arsehole. How anyone can argue any of this when u have your gunlaws beggars belief. Unreal.

[Private]

No offense, the government wont care if a company is screwing you over with virtual items. Now if you reverse it, like us screwing the company's by spreading pirated movies cause we refuse to pay friggin 15 bucks to see a movie that just might suck then you got a case.
People > Company's[/b]

yes the government doesn't care and yet they have established an organization called "California department of consumer affairs" not "california department of consumer non virtual item affairs"

they dont care if its virtual or not only thing they care about is if your a resident of the state the transfer of fund and the service is all that matters

as i've already said a number of times this has been done before it was over trinas and ppl got fired at k2 because of it nuff said

[NoD32]

K2's ToS also states, that you should never file a law suit against them. :>[/b]

Oh shit, you just made my day.

[holychit]

California also has a law that if any private information has been leaked for one person, a company has to notify their entire customer list. You remember why those two players were moved from an old server to another server? Their payment information was leaked by a GM. Yet, I was never contacted? Either their lawyer is really dumb, or they are betting on the fact that no one will file a complaint. I personally think they don't care about the law.

Also a TOS can't be iron clad if it is one sided. They have made several modifications to cover their ass completely by restraining the rights of the customer. One can even argue that their contract is unconscionable.

Third, it is not a breach of implied warrant; it is a breach of express warranty. On the description of the item, it specifically states in writing that the scrolls will last for 30 minutes.
http://www.law.cornell.edu/ucc/2/article2.htm#s2-313

Lastly, what you are stating applies to tangible goods. Intangible goods are covered by the general contract laws and not by the Uniform Commercial Code.[/b]

holycrap! this is exactly the type of response I was trying to elicit. So where can I read up on contract law easily?

And guys - this is just an idea. I have no desire to actually file this myself. I just was interested to see if we can pierce the TOS as I believe it to be, indeed, unconscionable. (Just didn't know the right word)

Law school gogogo!

[darkcloud3]

holycrap! this is exactly the type of response I was trying to elicit. So where can I read up on contract law easily?

And guys - this is just an idea. I have no desire to actually file this myself. I just was interested to see if we can pierce the TOS as I believe it to be, indeed, unconscionable. (Just didn't know the right word)

Law school gogogo![/b]

Contract laws are governed by two things: Uniform commercial code; and state common laws (general contract laws). The UCC only deals with personal property (tangible movable goods). General contract laws govern all contracts outside the scope of the Code. For example, the Code does not apply to employment contracts, service contracts , insurance contracts, contracts involving real property (land), and contracts for the sales of intangibles such as patent and copyrights.

K2 provides a service; therefore it falls within the jurisdiction of the Californian contract laws.

I suggest you take a Business Law course. If you try to read up on this yourself, you will not understand. It gets very complicated.