Donation vs Purchase

[Whetstone]

What is the name of your state? Kansas

I have paid money to a website to buy virtual objects (yes, virtual objects) beleiving that I was purchasing them and had ownership of the ''items''. My account to that website was banned under a false accusation and I cannot access those items. In the websites TOS, it states that the money I paid were donations, but in the pages where you donate/purchase the items, it was described as a ''purchase''. I feel they have misled me and everybody about my ownership of those items.

I would like to know if that falls under false advertising or something similar.

 

[Zigner]

What is the name of your state? Kansas

I have paid money to a website to buy virtual objects (yes, virtual objects) beleiving that I was purchasing them and had ownership of the ''items''. My account to that website was banned under a false accusation and I cannot access those items. In the websites TOS, it states that the money I paid were donations, but in the pages where you donate/purchase the items, it was described as a ''purchase''. I feel they have misled me and everybody about my ownership of those items.

I would like to know if that falls under false advertising or something similar.

That would depend on the TOS for the game...and you never mentioned what game it was. Generally, you don't OWN things within the game...and you are not allowed to sell/buy things within the game...
Again, we'd need to know what game it is and also why you were banned.

 

[Whetstone]

The game was Gaia Online and I was banned for supposedly botting, which I didnt. And they sell a different item each month for $2.50 each. And they do SELL it and it is not a reward for donating because they say PURCHASE on every page where you buy these items. They either tricked me into donating or stole my money.

 

[JETX]

Sue the bas-tards!!!
Then, take your 'virtual' purchase agreement to the court and demand your 'virtual' property. Or, maybe you can break into their office and recover your virtual property. Of course, to do that, be sure to take your virtual 'goody bag' to carry off your virtual property.

 

[Zigner]

You're out of luck, according to the TOS at http://www.gaiaonline.com/info/?mode=tos


12.
Gold, Virtual Currency. Throughout your Gaia Online experience, you may accumulate "Gold," which constitutes a limited license right to use a feature of Gaia Online when, as, and if allowed by Gaia. Gold is the fictional currency used in the world of Gaia Online and it may be used to purchase virtual goods or virtual services which are stored in the Member's inventory and can be used to enhance the look of the Member's on-line persona or player, also known as an "Avatar." Gaia may charge fees for the right to use Gold, or may distribute Gold without charge, in its sole discretion. Regardless of terminology used, Gold represents a limited license right governed solely under these Terms, has no real value, and is not transferable or redeemable for any sum of money or monetary value from Gaia at any time. You agree that Gaia has the absolute right to reduce, manage, regulate, control, modify and/or eliminate Gold as it sees fit in its sole discretion, and that Gaia will have no liability to you based on its exercise of such rights. Notwithstanding any other language to the contrary, as used in these Terms and throughout Gaia Online in the context of Gold transfers: (a) the term "sell" means "to transfer for consideration to another Member or Gaia the licensed right to use Gold in accordance with these Terms" and (b) the term "buy" means "to receive for consideration from another Member or Gaia the licensed right to use Gold in accordance with these Terms." Gaia may halt, suspend, discontinue, or reverse any Gold transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of these Terms or other laws or regulations, or deliberate disruptions to or interference with Gaia Online.

And:

15.
Violations; Termination. You agree that Gaia, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Gaia or your use of Gaia Online and remove and discard all or any part of your account, Member profile, or any Member Submission, at any time. Gaia may also in its sole discretion and at any time discontinue providing access to Gaia Online, or any part thereof, with or without notice. You agree that any termination of your access to Gaia Online or any account you may have or portion thereof may be effected without prior notice, and you agree that Gaia shall not be liable to you or any third party for any such termination. As discussed herein, Gaia does not permit copyright infringing activities on Gaia Online, and reserves the right to terminate access to Gaia Online, and remove all content submitted, by any Members who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Gaia Online may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Gaia may have at law or in equity.

Oh, and have fun traveling to Santa Clara County, CA if you decide to sue. The TOS requires that too

 

[racer72]

You purchase Girl Scout cookies and the cost of them can be deducted as a "donation" on your taxes. Same difference.

 

[Whetstone]

You didnt read very well Zigner. I did not buy that stuff for the ''Gaia Gold'', I bought it with real cash using their collectibles program. And my case isnt about me being banned.

My case is, they told me it was a purchase. I would not have given them money if I knew it was a donation. They tricked me out of my money.

 

[Zigner]

You didnt read very well Zigner. I did not buy that stuff for the ''Gaia Gold'', I bought it with real cash using their collectibles program. And my case isnt about me being banned.

My case is, they told me it was a purchase. I would not have given them money if I knew it was a donation. They tricked me out of my money.

Let's bottom-line it. You purchased the license to use said item. That license has been (properly) revoked.
Your real beef is with the ban. If you're not banned, then you would have access to use the item.