New EULA part added?

[neum]

Is the bolder part new?


UPDATED DECEMBER 2, 2008



Please remember to review the current terms and conditions of the EverQuest User Agreement and Software License. Thank you.



EVERQUEST® USER AGREEMENT AND SOFTWARE LICENSE



THIS AGREEMENT DESCRIBES THE TERMS ON WHICH SONY ONLINE ENTERTAINMENT LLC ("SOE") OFFERS YOU ACCESS TO AN ACCOUNT (THE "ACCOUNT") TO PLAY THE EVERQUEST FANTASY ONLINE ROLE PLAYING COMPUTER GAME AND ANY EXPANSION PACKS (INDIVIDUALLY AND COLLECTIVELY, THE "GAME"). BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. BY PRESSING THE "DECLINE" BUTTON, YOU DECLINE OUR OFFER, IN WHICH CASE YOU SHOULD CONTACT YOUR PLACE OF PURCHASE REGARDING ITS RETURN POLICY FOR THE APPLICABLE PRODUCT. If you have any questions regarding these terms and conditions, please contact customer service at eqmail@soe.sony.com.



You agree that SOE retains the unfettered right to modify its games and all aspects of characters, items and coin (collectively, “Virtual Goods”) therein. You acknowledge that SOE has been, is, and will be constantly making changes to its games. You further acknowledge that SOE can and will, in its discretion, modify features, functions or abilities of any element of the game or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more effective or functional, or less effective or functional, more common or less common, or eliminated entirely).



YOU PROMISE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST SOE, ITS LICENSOR(S), ANY SONY COMPANY, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (I) A CLAIM THAT YOU “OWN” ANY VIRTUAL GOODS IN ANY GAME, (II) A CLAIM FOR THE “VALUE” OF VIRTUAL GOODS IF SOE DELETES THEM (AND/OR TERMINATES YOUR ACCOUNT(S)) IF YOU OR ANYONE ACTING IN CONCERT WITH YOU VIOLATES ANY PROVISION OF THIS AGREEMENT, THE GAME’S RULES OF CONDUCT, SOE’S TERMS OF SERVICE AND/OR SOE’S PRIVACY POLICY (ALL OF WHICH ARE POSTED AT A LINK AT WWW.EVERQUEST.COM), (III) A CLAIM FOR THE “VALUE” OF VIRTUAL GOODS THAT YOU MAY LOSE IF SOE DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THIS AGREEMENT, THE GAME’S RULES OF CONDUCT, SOE’S TERMS OF SERVICE AND/OR SOE’S PRIVACY POLICY, OR FOR ANY MALFUNCTIONS AND/OR “BUGS” IN THE GAME, AND/OR (IV) A CLAIM THAT THE “VALUE” OF ANY VIRTUAL GOODS HAS INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT SOE HAS MADE OR WILL MAKE.

 

[Public]

seems sony has been catching lawsuits over the "virtual goods"

 

[monkeybiz]

seems sony has been catching lawsuits over the "virtual goods"

Probably people wanting refunds on spending 100's on shitty LON cards..

 

[JimJohnson]

I would say its from people paying for year subs and getting banned and doing chargebacks.

(II) A CLAIM FOR THE “VALUE” OF VIRTUAL GOODS IF SOE DELETES THEM (AND/OR TERMINATES YOUR ACCOUNT(S)) IF YOU OR ANYONE ACTING IN CONCERT WITH YOU VIOLATES ANY PROVISION OF THIS AGREEMENT, THE GAME’S RULES OF CONDUCT, SOE’S TERMS OF SERVICE AND/OR SOE’S PRIVACY POLICY

 

[Alexandra]

I think it's probably for both above reasons, I know a few people who went LON crazy in my old guild and they mysteriously poofed. They had to have spent thousands and my speculation is they tried to charge back.

 

[Remianen]

Well, Smed did say in an interview that they were losing millions as a result of chargebacks and the credit card companies were imposing rather stiff fees and penalties on them as a result. But given the fact that several jurisdictions in the US have ruled that aspects of blanket EULAs aren't valid (calling them contracts of adhesion aka "take it or leave it"), I don't know how this can help them any. All it takes is one activist jurist to blow a hole in their bow below the waterline, so to speak.