Many 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.