I think the fact that this has happened 3 times now in a short period, Turbine would have a quick fix in their back pocket at all times (a plan "B" if you will) that can be activated in short order so as to avoid the 1-3 days of downtime.
A good lawyer I imagine can drive a mack truck through most Terms of Service defenses. You have to remember a company can claim anything it wants in a Terms of Service agreement, but whether or not it would hold up in court is a whole different story (by definition ToS aren't tested in court before their published). But, unless it was a systemic issue left continuously unresolved, bringing claims of negligence and fraud into the picture, that affected paying customers repeatedly in large dollar amounts, there'd be little reason to use the courts for recourse unless one liked paying lawyers.
Best option in most of these cases is to be a squeaky wheel. Granted, if you're a continuous squeaky wheel 24/7/365, eventually you just get ignored.
See #13. Turbine who?
Its their sandbox. Tick them off and you get #4
Have a great day!
See my sig.
If you are playing, you agree with: http://www.turbine.com/en/content/du...ense-agreement and http://www.turbine.com/en/content/du...ode-conduct-en
Emotions aren't logical, so take a lesson from this that during downtime issues, spamming is seen as a better than not saying anything at all because others have.
I also watched facebook and twitter, but the content there was almost always stale and without any real information.
Comb v. PayPal is one of the most famous examples of a TOS clause being thrown out by the courts. There are others which only makes since EULAs and TOS agreements are contracts of adhesion which often contain unconscionable clauses which may or may not be enforceable depending on the circumstances. and thus are subject to severability. And then there is the issue of irreconcilable ambiguity as espoused in the judicial principle of contra proferentum which, in cases of contracts of adhesion, tends to favour the interpretation of the party who had no role in writing the agreement
So I look for a post from a dev for THIS game, in THIS game's Dev Tracker. Not a link to ANOTHER game - even from the same company - posted by a player. Or a dozen players. Or a hundred player. Or every post from every player for 3 solid hours. Because I don't look at the forums.
By not copy/pasting it here yourself, I missed this info.*
*Although to be fair, my entire internet was down for all of Sunday and most of Monday on a totally unrelated issue. So I wouldn't have been checking the Dev Tracker anyway. But, y'know. If I'd been able to get online...
"Ignorance killed the cat, sir; curiosity was framed."
Tripoint, C.J. Cherryh
Think about how great our country would be if we reserved this amount of lasting vehemence for the companies that are truly driving our economy into the ground...
Am I right?
"Why is stuff so hard?" - William Murderface
Hey Cordovan, you are by far my favorite Turbine rep on these forums. You are also the most communicative of all the Turbine reps on these forums. However, the members posting here make a lot of sense. We look to the service news or dev tracker for official word on outages like that. I know you are busy, and understand that sometimes these outages make it impossible to log in with your admin accounts, but whenever possible in the future a word from you would make a world of difference.
As consumers we get swindled for billions and billions by companies like JP Morgan, Goldman Sachs, etc but we save our true outrage for inconveniences like this or if a favorite TV show gets cancelled. Truly fascinating.
(Which should not be misconstrued as "people don't have a right to complain about inconveniences." They do.)
Last edited by Postumus; 09-07-2013 at 06:19 PM.
Zerg of Thelanis
This form's session has expired. You need to reload the page.Reload