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originally posted in: Lawyer up, Bungie!
4/15/2015 7:17:42 PM
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I've read every line so don't bother. My point was it isn't a legally binding contract because of the age range of the players.
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  • Haha you obviously haven't read every line, because Bungie also says if you are under the age of 18 and 13 or older then your parent or guardian must read and accept the terms of service

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  • A lawyer would have a field day with the TOS not being on the screen of the game.

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  • Nice, but you still have to agree to the terms of service to buy the game and expansions. Here are bits and pieces of that that may directly apply to you: Found in section 18: All title, ownership, and intellectual property rights in and to the Product (including, but not limited to, any titles, trademarks, service marks, and trade names, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned by Activision and/or Activision's licensor(s). The Product is licensed, not sold, for your use. Your license confers no title or ownership in this Product and should not be construed as a sale of any rights in the Product. Found in section 14 (caps not my own): TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS" AND ACTIVISION DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE PRODUCT CONTENT WILL BE ACCURATE. Found in section 15 (attacked on DeeJ?) You agree to indemnify, defend and hold harmless Activision and its affiliates, and their respective officers, directors, owners, agents, employees, contractors, information providers and licensors ("Indemnified Party", and collectively the "Indemnified Parties") from and against any claims, liability, losses, costs and expenses (including attorneys' fees) incurred by an Indemnified Party in connection with (i) any breach by you of the Agreement, and/or (ii) your posting or uploading any UGC. Found in section 22 (caps not my own): Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ACTIVISION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

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  • Yes, but in order to accept that TOS you have to have purchased the game or the DLC (both of which are non-returnable especially if you buy them digitally)

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  • Yep, and who had a parent read and accept it when it isn't on the screen on the game?

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  • Haha what? What the hell are you saying? You have to claim that you read the terms of service and agree to all therein. It's that little box you always click before you buy something. Underneath it is the terms of service for your access that you're suppose to read BEFORE you buy it. You are therefore responsible for it whether or not you read it. Are you trolling or being serious?

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  • These are called shrink wrap laws. You have to purchase the game an open it in order to read the TOS or the EULA, 99% of the time nullifying a return.

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  • Dude I just pulled that off activisions website without buying anything. And shrink wrap laws would be because you bought the content from a store, that's not something Bungie can help. Even if you buy a disc at a store then youd still have to agree before you play the game, AND it's still public for those who want to read it. Bungie doesn't conceal it from anyone. Regardless, if you bought the content then you've agreed to these terms and conditions and are held responsible for them, if people don't like the DLC content then they should have though about that before they bought it.

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  • How would you know about that TOS/EULA before you bought the game if you just bought the game on a whim and had no account here?

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  • Haha I'm gonna bet that Bungie doesn't give two shits if you buy the disc or not (in a legal sense) before you can access their content you have to agree to the terms of service, and like their terms of service said you are buying the LICENSE to play the game. Just by buying a DLC code, you still have to agree to the terms of service before you can download it to your account and implement it. Either way, whether you read it or not you accept the terms of service before you access the content. Besides that, I'm just some dude on the Internet advocating that, if Bungie or activision put a legal team in any lawyer giving that defense would have a shit time competing with it. Bottom line: you agreed to the terms of service before they let you activate your license in their product, and everyone who bought and played destiny had access to, agreed upon, and "honored" the terms of service before they could create their characters. That's how it is, or would you prefer to be required to read and sign the terms of service before you buy a game from Walmart or GameStop?

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  • Again, if you buy a game and open it, you can't return it. So you can't agree to the TOS until after you open it.

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