Premium accounts & mall items vs TOS & EULA

9dragonsshowdownba0Many of the terms used in TOS & EULA are standard terms which were found enforceable in some in others context of virtual world, but many are not enforceable by real law.These agreements are  contracts of adhesion.

Contract of adhesion = “A type of contract, a legally binding agreement between two parties to do a certain thing, in which one side has all the bargaining power and uses it to write the contract primarily to his or her advantage.”

Many adhesion contracts are unconscionable; they are so unfair to the weaker party that a court will refuse to enforce them.This type of contract it is not freely bargained. That is one of the reason why the Court of Law lets open unconscionable arguments.

Acclaim is not exception to this kind of TOS. Acclaim TOS is presented in ” take-it-or-leave-it” terms, where you can gain access or get deny of access.

Acclaim, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Acclaim site or Games.

That is so off “mutuality in the provision”. The TOS provides to Acclaim  one side remedies to resolve disputed while forcing its customers to arbitrate any dispute without a mechanism of bilaterality.

Why Acclaim people can’t ban a premium account with items on it at their will?

The biggest problem here is the intersection between ownership of and access to virtual items.If someone sells items, that should result in a consumer having the right to access things that they bought. Lawyers who deal with this kind of trials invoke this : similarity to : “landlocked property …. if I sell a property that is entirely surrounded by someone else’s property, an easement by necessity is going to be created so that the buyer can access the land. Same thing here, if someone sells virtual items, that should result in a user or consumer having the right to access things that they bought.” (1, J. Archinaco).

Another argument is : “buying virtual items is like buying a membership in a club. Sure, someone could terminate that membership, but if they do, there’s a California law that says the member should be entitled to due process in advance of being terminated from the club. Any contract provision that states otherwise is invalid.” (2, J. Archinaco).

Conclusion : Acclaim must provide you access to the items you bought or refund them all if your account gets ban at their will (denied of access), because Acclaim stopped your hero journey in which you invested.


20 responses to “Premium accounts & mall items vs TOS & EULA

  1. i am not good with definitions of terms but this article explained what it is in my mined.if acclaim ban a premium account with 15 days tiagram on it and relish you after 30 days (because you didn’t do nothing), you lost the tiagram and your money.

  2. This put the TOS in a new light. I didn’t really understand when you wrote on 9d boards about TOS and EULA but now it is very clear. If you account is ban, how can you access the goods you bought ?…something like this.As a member of the club you have advantages.

  3. I knew from the start that something is not right with this premium accounts. For certain reasons they get unban these days. Thank you for the explanation.

  4. let’s see if i get it right : if you are baned and have a premium account with lost of mall stuffs in it, Acclaim must give you an access lobby to that items, but because of their EULA they will not do it. their EULA can be easy contested, in the end you pay for something you can’t use or be used and it is blocked.

  5. Thanks for sharing this. I am am very intrigue by things like this, things that we can’t chat on 9dragons boards. I hope you will share more from legal point, will give us a new view. What about premium shared accounts ? Forbid?

    • Sharing accounts is one of Acclaim rule drift in Rules of Conduct so it is no law . If they terminate the service because of sharing of accounts and you still have items/virtual money pay with your real money that you can’t use, you have the right to get them back or to have access to them.

  6. Too bad for Acclaim. This will make them think before baning on their own will (abuses) a premium account. Acclaim Terms of Services, Terms of Sells, TOS, EULA are a copy from others TOS, EULA, like many games companies do. They all copy a standard TOS and EULA.

  7. Thank you a lot for this share. I want to see more of this articles in the future. They are guiding lines. Again thank you for this informations. It is great to learn something new every day.

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