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#127 Aug 25 2013 at 1:14 PM Rating: Good
Ken Burton's Reject
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PastrySandwich wrote:
What this speaks to is making a contract void. The TOS is a binding contract, that does not make every clause in it valid. If a online game company made a game that expressly promised online play and never delivered online play, the customers could very well sue them and win regardless if they signed a TOS stating they would not sue. A lot of contracts have a forfeiture of right to sue most of which are invalid, this does not make the contract void, which means that everything else signed is still a valid contract just the invalid portion is ignored. A void contract nullifies the entire transaction and only arises when something unconscionable is contracted.


Three problems here:

1) Most people did get a chance to play
2) ToS specifically waives your right if the service is down, and you are expected to have read that agreement
3) There is no forfeiture clause in the ToS
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Olorinus the Ludicrous wrote:
The idea of old school is way more interesting than the reality
#128 Aug 25 2013 at 1:14 PM Rating: Excellent
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2,675 posts
Ivart wrote:
Remember when the Fuhrer gave us 6 extra hours?


I'm fairly surprised it took this long for Godwin's law to kick in...
#130 Aug 25 2013 at 1:16 PM Rating: Decent
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i found this. it helped me and maybe it can help some of you too!

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#131 Aug 25 2013 at 1:17 PM Rating: Excellent
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217 posts
Hairspray wrote:
I think they should provide a t-shirt that says "I survived early access"


Love that! They may have survived a piddly meteor, but we survived Early Access!!!
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