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Video game eula

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mauler01

Guest
state - PA

i have played this online video game for over a year. they charge $12 per month for access to the server and to save your account information. recently they say the i have breeched to "elua"(end user lincense agreement). in the process the suspended my account so i cannt access it. i had time left that i had payed for service, i think think that my account is viewed as intellectual property isnt it?
i have sent them various emails, but they refuse to reinstate my account or refund money. they also refuse to show me any evidence that i broke the elua. may question is are they violating any laws by their actions, and what specific laws? is there any thing i can do about it without having to spend alot of money?

thanks
 


rmet4nzkx

Senior Member
Goto:
http://www.chikka.com/eula.html
Here is the link to the terms of service for EULA.

It is writen like most in that they retain the right to terminate your service when they preceive a violation. Did you do anything to violate the TOS, copy or install it on another computer?

When you get to the end of the agreement it states that the laws of the state of California apply so you would have to make your complaint or small claims court there which would cost you more to file in small claims than the $12 you have lost, a complaint to the board of consumers affairs, won't cost you anything but the postage and could take years. Also if you take them to small claims court and lose, you could pay their court costs.

Figure out what you did and don't do it again and figure $12 an inexpensive lesson.
 
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blameshifting

Guest
Your best option for getting your monthly service fee back is to dispute the charge with your credit card company. Keep it simple, no need to get into a long winded complaint about EULA and the like. Just state that you were charged $12 for service from date x to date y and they refuse to provide the service.
 
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mauler01

Guest
here is a copy of the eula

elua
btw the company is based in california.
they say the i used a third party program which it is in the eula, and they say that it violates the computer fraud and abuse act. which it dosnt, i dont have to explain that now.
either may i never violated their rules, they just accuse me of it, and its not just $12. its $144 because i played for a whole year, and wasted countless hours which i cannt get back. i just want the account back not the money. if i know what law they are breaking then it would be easier for them to listen to me i think.
what is wierd to me is you said to look at the end of the agreement and it says that laws of the republic of korea apply.
 
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blameshifting

Guest
Since it now appears that you pre-paid for a year of service nearly a year ago you aren't going to have as much luck, if any, getting the credit card company to charge back for the service you didn't receive. (edit: you've now told us which service and I can see that you didn't pay a year in advance, the most you've lost is part of a month's service, do a chargeback if you paid with a credit card otherwise move on, they don't want you as a customer for some reason and they aren't obligated to keep you as a customer).

So what is it you did that annoyed them enough to cancel your service?

It doesn't appear that the website you linked to is the company that you are complaining about (I didn't see any $144/yr services offered or online gaming). Which company terminated your service?
 
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mauler01

Guest
they accused me of using a third party program, that would give you an unfair advantage. i claimed that i didnt, but they wont listen to me or show me evidence that they have that i did. i supplied them with some vidence that i did not not violate the elua, but its like talking to a brick wall.
i put the eula on my site because they dont have it on their website, only when you log in to their service can you see the elua. the company is gravity interactive. i really just want my intellectual property back anyway. that company does not even suppy their address or telephone number. i cannt find there company using any internet seaches. all i know is they are located in marnia del rey, ca. i couldnt even find it on the better business bureau website.
 
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blameshifting

Guest
So were you or were you not playing the game with the assistance of some "aids"? No need to define "aids" or defend them or claim they can't prove it, I'm just looking for the rest of the story.

BTW, their User Agreement is available for viewing without logging in, no account is needed to view it.
 
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okamsrazor

Guest
Ok, FIRST stop with the "intellectual property" crap. You do not "own" the account. The company does. You rent the storage space for the account on their servers. Second, notice how it is NOT stored on your computer? In fact the only thing you DO own is a licesnse to install a copy of THEIR software on ONE computer. If you owned it why would you need to pay $12 a month to access it?

The fact is they caught you using a cheat program which altered the software you bought a licsence for. I am not sure what you are confused about. You changed the software they authorized you to use, that violated the EULA and now you think they owe you $144? No.

They do not owe you for the months they provided service and you played. You may be able to stop payments now that they do not provide the service, but I am sure in the EULA they state you bought the service for a one year minimum.

In fact if you actually READ the EULA you would see just what I said...read points 3 and 4.
 
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mauler01

Guest
blameshifter no i did not use an aid. i never violated the elua. all i want to know is what law they are breaking by not giving me my access to my account.

okamsrazor, dont flame. it is my property. i spent a considerable amount of time on this account. i never used a cheat promgram that altered the program. the softwae is free so i am not buying a licence to install it.
 
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blameshifting

Guest
mauler01 said:
blameshifter no i did not use an aid. i never violated the elua. all i want to know is what law they are breaking by not giving me my access to my account.

okamsrazor, dont flame. it is my property. i spent a considerable amount of time on this account. i never used a cheat promgram that altered the program. the softwae is free so i am not buying a licence to install it.
The answer to your question is, they aren't breaking any law by not giving you access to your account.
 
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mauler01

Guest
i dont understand how they are not? i did pay for the service. and they are dening me what i have payed for.
 
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okamsrazor

Guest
mauler01 said:
okamsrazor, dont flame. it is my property. i spent a considerable amount of time on this account. i never used a cheat promgram that altered the program. the softwae is free so i am not buying a licence to install it.
I am not. You seem to be ignorant of what you are talking about. It does not become your "property" because you spent time on it. If the software was free, all that means is you were given a license to install the software. Now, go back and re-read the EULA and do not accuse those with the proper answers of "flaming" because you do not like the answer.
 
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blameshifting

Guest
mauler01 said:
i dont understand how they are not? i did pay for the service. and they are dening me what i have payed for.
You paid to play an online game. You got what you paid for.

Read the terms of use, you retain no ownership to your account, the characters you create and so forth. Once your account is terminated they can wipe your online existence out and that's the end of it.

The only productive thing you could do at this point is attempt to figure out why they gave you the boot so it doesn't happen again. Assuming you don't already know.
 
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mauler01

Guest
yes but i paid for a service, they broke the contract when they canceled my account before the pay period was up s what i am trying to say
 

BelizeBreeze

Senior Member
mauler01 said:
yes but i paid for a service, they broke the contract when they canceled my account before the pay period was up s what i am trying to say
Listen, the ONLY course of action you have is to sue them in small claims court in California for the REMAINING portion of your fees that you have not used. Nothing more.

In this case, depending on your bank account and the amount of money you're prepared to spend to get back what looks like a pittence, it's just not worth it.

As for your "RIGHT" to access their servers, you have none. Regardless of whether or not you have played the game for years and paid for a year in advance, you own nothing and they have every right to ban you whether it's , as you say, for a false reason or not.

Now, let's get this over with. You're wasting time and energy in an argument that has no merit. Either sue them for the $12 or $24 they owe you or don't. But find another game because they don't want you and have every right to that position. Regardless of why.
 

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