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Please help I was scammed on ebay buying a world of warcraft account

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YellowJacket

Junior Member
What is the name of your state? California

Just recently I purchased a World of Warcraft character on ebay for $190. I was kind of worried when I purchased it because it came with this disclamier on the main ebay auction page.

DISCLAIMER: By bidding on, inquiring about, or viewing this auction you are stating that you are in NO way affiliated with Blizzard Entertainment or any associated entity. World of Warcraft is a trademark of Blizzard Entertainment. All characters, items, gold pieces, or other intellectual property in World of Warcraft are the sole property of Blizzard Entertainment. This auction is not for the ownership of their intellectual property but rather for the time spent working on this character and acquiring items. All references to "My character", "This character", "This account" or "My account" are indicative of my time spent on leveling the character. This auction is not for ownership of the account, which belongs to Blizzard. It is for time spent acquiring the characters, items, skills, keys, and other facets of the account. By inquiring or bidding on this auction you agree that you are not affiliated with Blizzard Entertainment. All characters, items, in-game currency, and anything else associated with this auction will remain the property of Blizzard. By bidding on, inquiring about, or viewing this auction you are stating that you are in NO way affiliated with Blizzard Entertainment or any associated entity. World of Warcraft is a trademark of Blizzard Entertainment. All characters, items, gold pieces, or other intellectual property in World of Warcraft are the sole property of Blizzard Entertainment. This auction is not for the ownership of their intellectual property but rather for the time spent working on these characters and acquiring items as a form of service.

Disclaimer: You are bidding on my time leveling for this account. Said account remains the property of Blizzard. You will not 'OWN' the account, for it belongs to Blizzard. The only thing you are bidding on is the time I have invested into the account. All characters, items, in-game currency, and anything else associated with this auction will remain the property of Blizzard. By bidding on, inquiring about, or viewing this auction you are stating that you are in NO way affiliated with Blizzard Entertainment or any associated entity. World of Warcraft is a trademark of Blizzard Entertainment. All characters, items, gold pieces, or other intellectual property in World of Warcraft are the sole property of Blizzard Entertainment. This auction is not for the ownership of their intellectual property but rather for the time spent working on these characters and acquiring items. Before bidding on my auction you must read and agree to Blizzard's EULA located at: http://www.worldofwarcraft.com/legal/eula.html All title, ownership rights, and intellectual property rights in and to World of Warcraft are owned by Blizzard Entertainment and its licensors. This auction is not for said rights or intellectual property but is a compensation for time and effort invested personally outside the game. All items related in this auction will remain the sole property of Blizzard Entertainment. By viewing OR bidding on this account you assert that you are in no way affiliated or employed with Blizzard Entertainment. Disclaimer: By bidding on, inquiring about, or viewing this auction you are stating that you are in NO way affiliated with Blizzard Entertainment, ESA - Entertainment Software Association, or any associated entity. World of Warcraft is a trademark of Blizzard Entertainment. All characters, items, gold pieces, or other intellectual property in World of Warcraft are the sole property of Blizzard Entertainment. This auction is not for the ownership of their intellectual property but rather for the time spent working on this character and acquiring items. All references to 'the character' are indicative of my time spent on leveling the aforementioned character. All characters, items, in-game currency, and anything else associated with this auction will remain the property of Blizzard Entertainment. According to the World of Warcraft EULA section 3.b: B. You may permanently transfer ownership of the Game and all parts thereof, and all of your rights and obligations under the License Agreement, to another by physically transferring the CD-ROM, all original packaging, and all Manuals or other documentation associated with the Game, and by removing from all of your home or personal computers and destroying any remaining materials concerning the Game in your possession or control, provided the recipient agrees to the terms of this License Agreement. The transferor (i.e., you), and not the Licensor, agrees to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer. http://www.worldofwarcraft.com/legal/eula.html

Disclaimer: 3. Ownership. A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Blizzard. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement. B. You may permanently transfer all of your rights and obligations under the License Agreement to another by physically transferring the original media (e.g., the CD-ROM or DVD you purchased), all original packaging, and all Manuals or other documentation distributed with the Game; provided, however, that you permanently delete all copies and installations of the Game in your possession or control, and that the recipient agrees to the terms of this License Agreement. The transferor (i.e., you), and not Blizzard, agrees to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer.


I know Blizzard does not condone selling of accounts and this is why every person must post this disclaimer before they set up the auction page. Now I won the auction for $180 and then a few hours after I paid him I get an email back saying that Blizzard deleted his account! Now I'm furious demanding my money back but he is saying its not his fault. He then goes on rambling about how his account his deleted so he has nothing now except the $180 and he believes he legally has the $180 because according to him Blizzard won't help me anyway because they don't want people making money off their game anyway. After he told me this I got worried that I wouldn't see my money back again. I emailed ebay and pay pal but haven't heard back from them yet. A friend of mine told me ebay won't do anything if the amount was under $200!! This better not be true. Basically I just wnt to know if I can sue this guy and get my money back possibly even more for having to deal with all this. Anyone with insight on the subject please post I will greatly appreciate it.
 
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JETX

Senior Member
Way, WAY too long for any responsible person to read it... but a GENERAL response is:
you can't buy or sell online game accounts.

If you purchased using your credit card... dispute the purchase.
The only other thing you can do is to file a complaint with both ebay and PayPal and then PRAY that the seller gets religion and reimburses your money to you. Very likely that you are going to get a $190 life lesson learned.
 

YellowJacket

Junior Member
I edited the post, the reason it is so long is because I posted the whole disclaimer that is in every ebay auction for WOW accounts. I now have the disclaimer in bold so my question isn't in bold. Someone who is experienced in legal practices please read the disclaimer also, I would really appreciate it.
 

JETX

Senior Member
The bottom line here.....
Any purchase of World of Warcraft characters is NOT allowed by the OWNER of the characters ("Blizzard") and cannot be sold.

3. Ownership.
A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Blizzard. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.

http://www.worldofwarcraft.com/legal/eula.html

So, as I already said:
"If you purchased using your credit card... dispute the purchase.
The only other thing you can do is to file a complaint with both ebay and PayPal and then PRAY that the seller gets religion and reimburses your money to you. Very likely that you are going to get a $190 life lesson learned.
Today 06:54 PM"

You tried to do something that is illegal...
 

YellowJacket

Junior Member
Still no response from ebay or paypal, do you think I could sue the guy who scammed me? Do you even think paypal or ebay will do anything to help me?
 

JETX

Senior Member
do you think I could sue the guy who scammed me?
Of course you can. But you have no case against them (google 'unclean hands').

Do you even think paypal or ebay will do anything to help me?
No. Ebay has no interest in helping BUYERS... they make their money from sellers... and could care less about victims of scams who are buyers.
 

YellowJacket

Junior Member
No offense to you, but how much of the legal system do you know? I just want to be sure about all this, I don't want to try to sue him for no reason, and I'm not gonna hire a lawyer for less than $200. But damn I'm so angry I got scammed. Are there any real lawyers that post on this site? thanks
 

Some Random Guy

Senior Member
Suing him will be diffficult. Apart from JETX's expert advice that a contract to commit an illegal act is inherently unenforcable, you will probably have to sue the seller in their home county.

Your best bet will be to pound on PayPal to get them to refund your money. You have good proof - the seller claims that he no longer has the merchandise and explicitly tells you he will not be sending you the account as agreed. So long as PayPal doesn't dwell on the illegality of th eauction, you have a shot.

Send PayPal those e-mails and try calling them to get followup. They try not to tell you their phone number, but look at http://www.paypalsucks.com/faqs.shtml for some valid ones.
 

JETX

Senior Member
No offense to you, but how much of the legal system do you know?
Last I checked, I 'knew' 93.6%.

But damn I'm so angry I got scammed.
The real person you should be angry at is the one facing you when you look in the mirror. Did you really, REALLY think that you could purchase an imaginary 'character' from someone.... especially after reading all of those disclaimers?? :p

Are there any real lawyers that post on this site?
Yes, there are a few of us... and a LOTTA 'wannabes'.
 

tranquility

Senior Member
Even if a contract is VOID for illegality, it does not follow that any consideration paid to the other party is lost. Unclean hands usually only refers to equitable remedies and not to remedies at law--like this contract. It would certainly be used as a defense by the other party in a suit by the OP, but I'm not sure it would apply.

Sue the guy in small claims court. Study up on the unclean hands defense in case he uses it in court. Use the argument that you did not receive the ability to access your IP items as promised. You didn't get it and lose it, you didn't get it at all and the seller is in breach for failing to perform. If the seller claims illegality, agree and have the contract found to be void and have the judge return the parties to status quo ante. (You get your money back.)

The status of transactions in the virtual world is still being litigated. Even though the licenses *agreed to by the person already on the game* and who is doing the selling are written to give all rights to the game "owners", the courts are not uniformly coming to the same conclusion. Of course, the OP is not covered by that license and would not necessarilly have unclean hands. (Although he may be covered by the license once he signs on to the game. Some virtual realities have an agreement box with every logon.)

There are great Civil Procedure dificulties to suing someone when the transaction is over the internet. The realities of the situation makes the advice of the previous posters completely correct. I don't think the legal position is sound, but just because you can sue and win does not mean you can sue and win cheaply enough to make it worth your while.
 

Zigner

Senior Member, Non-Attorney
I think the most important thing to remember is that nothing was "delivered" to our OP. He paid $ and received NOTHING. It would be different if he had received access to the account, then the account was deleted for an improper sale.
The OP does have a good case.

Now, back to YellowJacket...
How can you expect that, between 4:54 pm Saturday night and 8:58 Saturday night (on Easter weekend, no less), you should have received an answer from PayPal/Ebay? Have a bit more patience - give them at least 48 BUSINESS hours.
Also, you need to answer as to whether you used a credit card with PayPal...
 

FlyingRon

Senior Member
It's not ebay's fault you were stupid/scammed. You're not going to get a response from them. They are not involved in the transaction.

Paypal is not going to help either. They won't warrant intangible things like this through their protection plan for ebay purchases. If you used a credit card to fund your paypal purchase, and you've already gotten the denial from paypal, then you can try a complaint with the credit card company. This has a chance of working.
 

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