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EULA and terms of service

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Sagittia

Junior Member
Hi all!! My first post and looking for advice and some answers to some questions. I currently play an IPhone game downloadable for free through the iTunes store. The game is named Kingdom Conquest, from the SEGA Corp.
What I am experiencing from the game now, is a new change to the EULA and terms of service in which they are trying to enforce. This game revolves around 'in game' purchases for a special currency that costs real money to have.
In order to play this game, you first install it onto your iPhone/iPad for free via the app store in iTunes , then launch the game client via your device, create an account login with an email, make a password, boom, you can play. No where are the terms of service or EULA readily available to read, nor do you have to click an 'I accept, or I agree' to the EULA and terms of service upon an account creation.

Is it the consumers responsibility to actively seek this EULA out, or the companies responsibility to have it readily available?
Can a user be held responsible and forced to be bound to these terms, if there is no way SEGA can say we did accept , or even read the agreement?

The growing problem with this game is the use of multiple accounts from the same device, on the same world. SEGA has claimed this is unbalancing and is threatening to 'ban' players who have multiple accounts on the same worlds of play. Can they legally ban players, who again, haven't given concent to abide by the EULA?

Below is a link to the current EULA. If someone has an iPhone that knows legal stuff, I would suggest downloading the app to your device and test the registration process out first hand and see what they think of it.
I have invested real money into this game, and have filed with apple to have my money payments reversed, and back to my iTunes account. I will not pay for rules to be enforced when I didnt accept them to begin with upon account creation.


Thanks for those that look in to this matter!!

Here is the link:
Connecting to the iTunes Store.


SEGA corp just added this new set of terms via the game client under the 'news' tab:

Here is what was typed:

Now: 2011/03/07 10:24:41[JST]
● Warning for Terms of Service Violation ●
In order to ensure fair game play
We insist that all players abide by the terms of service in order to ensure fair game play.
Especially, having multiple accounts in a single world and on a single device is strictly prohibited.

As of now, the kind of terms of service violation mentioned above will be punished with the possibility of ACCOUNT BAN. We have already listed the confirmed multiple accounts and after a thorough analysis of the game data, actions will be taken towards the most serious cases first.

Please, read through the terms of service once again and further enjoy Kingdom Conquest.
* Accessing different worlds with the same device and the same account does not conflict with the terms of service.
 


FlyingRon

Senior Member
If you say you agree to the EULA you agree to them. The only times these have not been upheld is when they later appear to enforce terms that a reasonable person wouldn't expect based on the transaction. For example, a "no resale" term hidden in the box of an "on the shelf" software package has been struck down.

You've got no claims to have things refunded. Almost certainly the rules say they can change the rules. Nobody has yet held any additional standards as for the marketability of "virtual" currencies yet to supercede such licenses.
 

OHRoadwarrior

Senior Member
I definitely think you should hire a lawyer, to sue for the right to have multiple players in violation of game rules, on a game you have no basis in. If you win, even though you'll get no money, the judge might actually make them say "sorry" for not wanting cheaters to have multiple accounts.
 

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