That "WE CAN CANCEL YOUR ACCOUNT WHENEVER FOR WHATEVER" line has always been there. That's not something new.
That "WE CAN CANCEL YOUR ACCOUNT WHENEVER FOR WHATEVER" line has always been there. That's not something new.
This sound so wrong with POWER-ABUSE. Hope Cops, Gov, ect. never use that kind of policie.Originally Posted by SE
Originally Posted by SE
Originally Posted by SE
That about all change they did.Originally Posted by SE
4.1: YOU DO NOT OWN YOUR ACCOUNT OR CHARACTER OR HAVE ANY PROPERTY RIGHTS TO YOUR CHARACTER OR ITS VIRTUAL ASSETS. but 5.4: You are solely responsible for all use of your PlayOnline user account and for the security of your User information (including, without limitation, your password).
...
Seriously SE gertting more silly year after year, and all that modification is to protect they ass. 'YOU DO NOT OWN YOUR ACCOUNT', The hell is that, how can i refuse this agrement after 4yr playing this game lol... That like a big slap saying we all loose our time with them? And hmm, if i buy a paint-gun from japan, do it mean in 5 yr i can lost all the car i painted? >< SE abusing of gamer patience year after year.
that my 5 cent.
Fdeath/Fenrir Leader Timelessls/Timeslashers.
SE is not an authority figure. They are a company. You have to agree to their terms of service before you play. If you don't like that line, don't agree and don't play.Originally Posted by fdeath
Izzy/Earth Leader Jimbob/Poonani Corps. Division
dude when did you rank up to Earth Leader Jimbob, that rocks, congrats
http://i31.photobucket.com/albums/c3...Hippocrisp.jpgOriginally Posted by Lordwafik
Bah, w/e SE say in 'terms of service', they know and we know, no one going to refuse bc we all addicted to the game.Originally Posted by Izzy
The choice is still ours to make.Originally Posted by fdeath
Originally Posted by Izzy
rate up
Oh, and isn't it well, illegal to change something like this so far after its original inception? Maybe I'm comparing it to a situation which would constitute extortion. eg; The bank says they want 4% interest over 5 years, 2 years in they change it to 15%.
That may be worded weird, though. Hopefully you can get what I'm trying to get at. This kind of just seems like revoking ownership because they can.
That more what i was pointing too.Originally Posted by Asy
Originally Posted by fdeath
Directly from my County Jail "Inmate Handbook:"
(And yes, I see nothing wrong with this at all. Just providing an example that shows this "policie" (policy is correct spelling, btw) is common.)The Detention Facility Staff reserves the right to move you, without explanation, to any location within the physical confines of the facility.
I wonder how SE would get around the "meeting of the minds" part of forming a contract with its playerbase; it's not as if you could send them some changes to the TOS prior to accepting it. "Take it or leave it" doesn't go over well in court in terms of contract negotiations.
no. as it's not a contract, but an ongoing agreement, SE is fully within their rights to make changes at will, just like they can increase your monthly fee at will too. there's nothing particularly shady going on inherently in the changes.Originally Posted by Asy
the wording change from purchase ID to obtain ID is rather telling of their strategy, and the statement about "time and effort" is a dead giveaway. the original lawsuit that paved the way for legal RMT got away with it by defining the sale not as goods but as the "time and effort" needed to accrue the virtual goods. by adding that specific wording, they make it clear that they are gearing up for a bigger push against RMT. the policy change is merely a method to enable them to do it more easily and potentially have an agreement that was breeched to take to court if they need it. not like click thru agreements hold up all that well.
To add to that, they can change whatever they like as long as you have the ability to leave whenever you like. Even if it were something like a contract with a cell phone company, they'd still be able to change things. However, in that case, they tend to give you a chance to leave without penalty when it happens. It is possible to have a contract that lets one party change it and the other still can't leave, like an adjustable rate mortgage, but the best solution is just not to sign yourself into one of those deals.Originally Posted by Spekkio
Is this old? It seems vaugely familiar but I'm just not sure8.1 DNAS Disclaimer. The Software uses “DNAS” (Dynamic Network Authentication System), a proprietary authentication system created by Sony Computer Entertainment Inc. (“SCEI”). “DNAS” retrieves information about a User’s hardware and software for authentication, copy protection, account blocking, system, rules, game management, and other purposes. The information collected does not identify the User personally; provided, however, that a game publisher can combine this information with personally identifying information from the publisher’s records if the User provides the personally identifying information. Before providing any personal information to a publisher, a User should review the publisher’s privacy policy and terms and conditions of use and should not provide personally identifying information to a publisher unless the User first accepts the conditions of use and terms of the publisher’s privacy policy. SCEI, Sony Computer Entertainment America (“SCEA”) and their affiliates cannot guarantee the continuous operation of the “DNAS” servers. SCEA shall not be liable for any delay or failure of the “DNAS” servers to perform. If you receive a message during login identifying a “DNAS” authentication error, please contact SCEA Consumer Services at 1-866-466-5333. For additional information concerning “DNAS”, visit http://www.us.playstation.com/DNAS. In the event of a systems incompatibility or inoperability with “DNAS”, the sole liability of SCEI, SCEA and their affiliates shall be limited to the repair or replacement of the affected User’s game software, console or peripherals, at the sole option of SCEA. SCEA, its parents, affiliates, and licensed game publishers shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online game play or access thereto.
I think it's new. DNAS is only used for playing on PS2 anyway
I think that was always in there as well. I always skipped it whenever I looked over the ToS because I have never played on a PS2.Originally Posted by Priran
anyone else getting a Pol error code 1162? says there is a problem with my polcore.dll and wont even let me update.
wasn't sure if this was an issue with dat-swaping or windower use.
Close all pol/ffxi windows and retryOriginally Posted by Silvar
Basing myself on the papercopy I got with my copy of the game in 04, European version, so there might be some discrepancies based on simply different versions.
This used to say "1.8 “Rules” means any rules or other instructions applicable to the PlayOnline Service (or any aspect thereof) that may be posted on the Website and within the PlayOnline Service as may be amended from time to time for Users to access and review."Originally Posted by PlayonlineViewwwwerrrrrr
This isn't here in my papercopy, 1.10 is Subcription fee as belowOriginally Posted by PlayonlineViewwwwerrrrrr
1.11 “Subscription Fee” means the fee that applies to your use of any Fee-Based Service. The Subscription Fee will be charged each month to your credit card, or to you by any other payment method approved by SEI in accordance with the terms of this Agreement.isn't there in the original papercopy either, the 1.13 below is 1.11.1.12 “User Agreement” has the meaning ascribed to it in Section 2.1, below.
1.13 “Users” means users of the PlayOnline Service; provided that any User between the ages of 13 and 17 must have the express authorization of a parent or legal guardian, such authorization shall be evidenced by execution of this Agreement by such parent or legal guardian. Children under the age of 13 are not permitted to use any PlayOnline Service.This was 1.12 originally.1.14 “Website” means the SEI website for the PlayOnline Service directed at http://www.playonline.com.
This is changed a lot, too much to type manually.Article 2: Application of this Agreement
2.1 Scope of the Agreement. The terms that apply to your use of PlayOnline include all of the terms of this Agreement, any and all software license agreements that you are required to execute as part of the PlayOnline registration and/or installation process (each, a “Software License Agreement”), all user agreements that you may be required to execute upon your subscription to or other participation in certain services (each, a “User Agreement”), the Privacy Policy, and any and all Rules. You agree to abide by any and all Rules, which shall, upon posting within PlayOnline and/or to the Website and/or delivery to Users, form a part of this Agreement. You understand and agree that the Rules, together with the Software License Agreements, User Agreements, and Privacy Policy, are expressly incorporated herein and form a part of this Agreement.
This used to say that they just didn't need to directly notify you, as long as they posted information on the website, also it used to say that you were required to review them each time you play.2.2 Amendments to this Agreement. SEI may change the terms of this Agreement, Software License Agreements, User Agreements, Privacy Policy, or Rules and the scope of the PlayOnline Service in whole or in part, at any time, with or without notice to Users. Such changes will be posted within the PlayOnline Service and on the Website, and this posting will constitute notice to you. The current terms of this Agreement, together with the terms of the Software License Agreements, User Agreements, Privacy Policy, and Rules, can be found within the PlayOnline Service or on the Website, and you agree to review these terms from time to time, and in any event promptly upon notice of any changes, whether such notice is delivered to you directly or simply posted. If at any time, the current terms are not acceptable to you, you agree to terminate your use of the PlayOnline Service. Your continued use of PlayOnline after SEI posts any change(s) to its terms or to the scope of the PlayOnline Service shall constitute your agreement to and acceptance of all of the changes.
"..The Privacy Policy and the Rules can always be found on the Website, and you agree to review these terms from time to time and each time you play..."
This used to say "..immediately upon reactivation of your PlayOnline user account by us after any termination"Article 3: Term, Termination, and Suspension
3.1 Term. This Agreement will commence when you indicate your acceptance of its terms and conditions and proceed to complete the registration process and will continue in effect until terminated in accordance with this Article 3; provided, however, that this Agreement will also resume, take effect and continue in force immediately upon reactivation of your PlayOnline user account after any termination of such account.
3.2 Termination.
Used to say that "...related services. This does not affect your statutory cancellation right, if any. If your playonline..."(b) You may terminate this Agreement at any time by canceling your PlayOnline user account and by ceasing all use of PlayOnline and all related services. If your PlayOnline user account is terminated by SEI for any reason, you will not be able to reactivate the terminated user account again.
used to say that ".. in whole or in part for any reason with notice."(c) SEI reserves the right to terminate PlayOnline Service in whole or in part for any reason with or without prior notice.
Isn't there in my papercopy(d) SEI MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY PLAYONLINE ACCOUNT AT ANY TIME, WITH ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE.
The italic parts aren't in the original agreement. It should ne noted that they're just putting into plain english what the text already said though. It's no real change as such.Article 4: Ownership, Rights, and Restrictions
4.1 Ownership and Rights. SEI (and, to the extent applicable, its licensors) owns and shall retain all right, title and interest in and to the PlayOnline Service, the Software and all Documentation, and will be the sole owner of any and all data you generate through your use of the PlayOnline Service, including accounts, Content IDs, character attributes, statistics and assets, and you receive only limited rights to access and use PlayOnline Service, the Software and all Documentation, as set forth in any applicable license agreement. SEI shall reserve its rights in its sole discretion to delete, alter, or transfer any and all data at any time without notice to User.
YOU DO NOT OWN YOUR ACCOUNT OR CHARACTER OR HAVE ANY PROPERTY RIGHTS TO YOUR CHARACTER OR ITS VIRTUAL ASSETS. YOU MAY NOT SELL, RENT, OR REPRODUCE YOUR CHARACTER OR ITS VIRTUAL ASSETS FOR ANY COMMERCIAL PURPOSE.
Further, SEI (and, to the extent applicable, its licensors) owns and shall retain all right, title and interest in and to any ideas, opinions, comments, or suggestions that you submit to SEI, its affiliates, its agents, or its representatives in any form or format (including, but not limited to, e-mail, telephone, facsimile, regular mail, and chat room discussions) and in any context in which it is apparent that SEI may use such ideas, opinion, comments, or suggestions to improve the PlayOnline Service or any other product or service offered by SEI to its customers. Further, SEI shall have the right to assign and/or delegate in its sole discretion its rights and obligations under this Agreement in whole or in part to third party at any time without notice to Users.
"hack" isn't in the original, neither is the part about attempting to obtain the PlayOnline ID or password of any other User. Cybercafe is not mentioned as an example.4.2 Restrictions. To the maximum extent permitted by law, you may not: (a) modify, reverse engineer, decompile, “hack,” or disassemble the Software; (b) rent, lease, loan, sell, sublicense, distribute, transmit or otherwise transfer the Software, your User or other account-related information (including, but not limited to, your PlayOnline ID or password information) to any third party, or attempt to obtain the PlayOnline ID or password of any other User; (c) make any copy of or otherwise reproduce the Software; or, (d) use the Software or your PlayOnline user account to provide service bureau or time-sharing services (e.g., cybercafés), or for any other commercial purpose. The PlayOnline Service and the ability to access PlayOnline are for the personal use of Users only and may not be copied, resold, leased, transferred, exchanged or bartered.
This is rewritten and made a lot more detailed, but it's pretty much the same4.4 Revocation of User Rights. SEI shall reserve the right in its sole discretion to revoke or suspend your PlayOnline user account and your ability to use PlayOnline at any time without prior notice to you, particularly but not limited to if SEI should determine (in its sole discretion) or should reasonably believe that you are responsible for, or have participated in, any of the following (collectively, “Prohibited Activities”):
In addition, SEI shall be entitled to terminate the account (immediately and without notice) of any User who (1) was previously suspended or terminated by SEI and who SEI believes (in SEI’s sole discretion) re-registered using different information in order to avoid such suspension or termination or (2) SEI believes (in its sole discretion), based on the User or other account information provided by such User now or at any time in the past (including, but not limited to, such User’s name, date of birth, telephone number, mailing address, e-mail address, and credit card account information), that such User is related to or assisting one or more Users who are responsible for, or have participated in, Prohibited Activities of any kind. You agree to indemnify and hold SEI harmless from and against any losses or damages sustained by SEI as a result of your engaging in any Prohibited Activities, and you further agree to reimburse SEI for any and all expenses incurred by SEI in remedying the effects of such action.
italics isn't there5.5 Personal Information Management. You understand that your use of the PlayOnline Service will require that you disclose to SEI certain personally identifiable information, and you acknowledge that you have read and agree to all of the terms of the Privacy Policy, which discusses our information gathering and dissemination practices. The Privacy Policy is hereby incorporated into this Agreement by this reference. In the event of any conflict between this Agreement and the Privacy Policy, this Agreement shall prevail.
my paper copy also has (d) "the transmission of obscene, indecent, hateful, racially, ethnically, or otherwise offensive material by any other User or any third parties.5.6 Online Conduct. You, and not SEI, are responsible for your conduct at all times during your use of the PlayOnline Service. SEI makes no guarantee of the accuracy, correctness, or completeness of any material transmitted or otherwise provided to you during your use of PlayOnline (including, but not limited to, your use of any Fee-Based Services). Without limiting the foregoing, SEI will not be responsible for (a) any errors or omissions arising from your use of the Software or your access to or use of PlayOnline; (b) any losses or damages (including without limitation any lost data, opportunity, profits or revenue) arising from your use of the PlayOnline Service, the Software or any materials or services provided by SEI or by any third party; or (c) any inappropriate conduct, harassment, use of foul, obscene or otherwise inappropriate language by other Users or any third parties.
I don't have this part. my 5.7 is about5.7 Indemnification. You will indemnify, defend, and hold SEI harmless against any and all claims, suits, actions, expenses, attorney and other legal fees and costs arising from your use of the PlayOnline Service or the Software and relating to (a) your breach of any provision of this Agreement, or the inaccuracy of any of your representations in this Agreement or made in connection with your registration for a PlayOnline user account; (b) your violation or infringement of any proprietary or privacy rights of any third party; (c) any User content or information you provide or otherwise generate, including, without limitation, your transmission of any unlawful, libelous, offensive, or defamatory content, or content deemed obscene or harmful to minors; or (d) any third-party claims arising out of or relating to your use of the PlayOnline Service or the Software.
"Your liability to SEL. You acknowledge that, shuold you breach any provision of this Agreement, SEL, its licensors or business partners may suffer loss and damage (which may or may not arise from third party claims as a result of your breach). You agree therefore that you will reimburse SEL all reasonable costs, losses, expenses (including legal fees) incurred by SEL, its licensors or business partners as a result of your breach.
my copy says that ".. are provided "AS IS" and "AS AVAILABLE" basis without warranty of any kind. TO THE MAXIMUM EXTENT PROVIDED BY LAW, SEL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLAYONLINE SERVICE AND SOFTWARE, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALIFY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT..SEI does not warrant that the PlayOnline Service or the Software will meet your expectations or requirements, or that the operation of the PlayOnline Service or the Software will be uninterrupted or error free. The entire risk as to the quality and performance of the PlayOnline Service and the Software is with you. SEL MAKES NO PROMISE OR OTHER WARRANTY THAT PLAYONLINE WILL WORK PROPERLY WITH ANY PERIPHERAL DEVICE, INCLUDING, BUT NOT LIMITED TO, MEMORY CARD(S), NETWORK ADAPTORS AND MODEMS."Article 6: Disclaimer of Warranties and Limitation of Liability
6.1 Disclaimer. You understand and acknowledge that use of the PlayOnline Service and/or the Software may result in unpredictable damage or loss to you, including, without limitation, unexpected results or loss of data, including character and account loss. All products and services relating to this Agreement, including, without limitation, the PlayOnline Service, the Software and the Documentation, are provided "AS IS" without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLAYONLINE SERVICE AND SOFTWARE, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SEI does not warrant that the PlayOnline Service or the Software will meet your expectations or requirements, or that the operation of the PlayOnline Service or the Software will be uninterrupted or error free. The entire risk as to the quality and performance of the PlayOnline Service and the Software is with you.
so it seems some hardware issues got lost somewhere along the way. This is mentioned later now, in 8.2
Not mentioned.Without limiting the generality of the foregoing, SEI may in certain instances elect to provide a 90-day limited warranty on the software, or on certain aspects thereof. This warranty, if provided, will be described in the written Documentation provided with the software, and you should refer to the Documentation for the specific terms and conditions of this limited warranty, as well as any eligibility requirements.
(b) is a in my copy, and there is no similar text to (a)6.2 Limitation of Liability.
(a) You acknowledge that SEI has the right to monitor the use of your PlayOnline account to verify your compliance with the terms and conditions of this Agreement. You further acknowledge that, in the event that SEI suspects that you may not be in compliance with any of the terms of this Agreement, SEI may use any method permitted by applicable law to verify your compliance. If SEI believes (in its sole discretion) that you are not in compliance with any of the terms of this Agreement, SEI may, in addition to any other remedy available to SEI, immediately suspend or terminate your PlayOnline user account without any prior notice to you, and you hereby agree that such decision by SEI is final.
(b) You are not entitled to receive damages from SEI for any claim arising out of or relating to this Agreement, to your use of PlayOnline or the Software, or to any materials or services provided by any third party in connection with your use of PlayOnline or the Software. In addition, in no event will you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with SEI or with the distribution, operation, development, or performance of the PlayOnline Service, the Software or any related products and services.
This isn't in my copy.(d) AS SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6.3 Consent to Disclosure. In order to protect SEI’s staff and customers, SEI may cooperate with Federal, State and Local Law Enforcement with or without the receipt of a formal subpoena or search warrant. You acknowledge and consent that SEI may provide your electronic communications and data, including emails and chat logs, to such government authorities, without any liability to you or any third party.
(adding stuff)Article 7:
7.4 was 7.3 and "No SEI customer service representative is legally empowered to bind SEI to any amendment or waiver of the terms of this Agreement." was added. 7.3 was 7.2 but this might be due to differences in versions(?).
Article 8 isn't mentioned in my PC copy manual.
Did this way too quick for comfort, someone with a US papercopy needs to compare the two for accuracy though.
thanks :nikkei: