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  1. #1

    Unhappy Lawsuits and Refunds

    Those of you threatening KABAM with lawsuits or asking for refunds, give it up. You will never see your money. When you first signed onto this website, you agreed to a whole lot of things in the Terms of Service...the key points are that KABAM will never refund money and that it can take down the game without any notice. I copy/pasted several of the relevant bits, but as you can see, our money is just gone.

    https://www.kabam.com/corporate/terms-of-service/

    "THE MATERIALS ARE PROVIDED 'AS IS' AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK."

    "You acknowledge that...you are not entitled under the law to use or have access to the Websites or Services and/or the Materials."

    "We reserve the right, at any time, to modify, suspend, or discontinue the Websites, the Materials, the Services, or any part or parts thereof with or without notice. You agree that Kabam will not be liable to you or to any third party for any such modification, suspension, or discontinuation."

    "YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND SITE ITEMS HAVE NO CASH VALUE AND THAT NEITHER KABAM NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR SITE ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY..."

    "All purchases of Virtual Currency and Site Items are final and under no circumstances will be refundable, transferable or exchangeable."

    "KABAM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITES...WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED..."

    "YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES...IS TO STOP USING THE WEBSITES... "

    "Kabam periodically schedules system downtime for the Websites and Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Kabam has no responsibility and is not liable for: (a) the unavailability of the Websites or Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages..."

  2. #2
    Senior Member
    Join Date
    Nov 2011
    Location
    On the Computer
    Posts
    190
    Yes, everyone agreed to the terms when we logged on to play and created a character. However Kabam as well agreed that as players we were entitled to the use of the game as long as we followed their rules. In turn it is their responsibility as a business to keep the players informed about things that will affect the game and the players ability to utilized the server. If done correctly anyone can dispute their purchases in the past 30 days for gems or items used to play Thirst of Night. They have not received the goods or services that they purchased therefore they are entitled to a refund of their funds. There is no need to sue, just dispute purchases. Kabam must pay a fee to for every purchase that is refunded to the card company or bank that refunds their customers through a dispute.

    Have a good day...

    Quote Originally Posted by Harkat Mulds View Post
    Those of you threatening KABAM with lawsuits or asking for refunds, give it up. You will never see your money. When you first signed onto this website, you agreed to a whole lot of things in the Terms of Service...the key points are that KABAM will never refund money and that it can take down the game without any notice. I copy/pasted several of the relevant bits, but as you can see, our money is just gone.

    https://www.kabam.com/corporate/terms-of-service/

    "THE MATERIALS ARE PROVIDED 'AS IS' AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK."

    "You acknowledge that...you are not entitled under the law to use or have access to the Websites or Services and/or the Materials."

    "We reserve the right, at any time, to modify, suspend, or discontinue the Websites, the Materials, the Services, or any part or parts thereof with or without notice. You agree that Kabam will not be liable to you or to any third party for any such modification, suspension, or discontinuation."

    "YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND SITE ITEMS HAVE NO CASH VALUE AND THAT NEITHER KABAM NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR SITE ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY..."

    "All purchases of Virtual Currency and Site Items are final and under no circumstances will be refundable, transferable or exchangeable."

    "KABAM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITES...WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED..."

    "YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES...IS TO STOP USING THE WEBSITES... "

    "Kabam periodically schedules system downtime for the Websites and Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Kabam has no responsibility and is not liable for: (a) the unavailability of the Websites or Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages..."
    Sassy Brat
    One of a kind and proud of it.

  3. #3
    Again. Its in the Terms of Services. When you agreed to. Period. You can't unagree to their terms and conditions.

    What people always assume is just because the game has a lot of problems.. . that doesn't mean Kabam is cheating you out of your virtual items. You purchased them. You got them. Kabam holds no responsibility over how good the game works... and buying virtual items is at your risk.

    Besides, there are better Kabam games.. such as Shadowland.

  4. #4
    Quote Originally Posted by Alenjondro View Post
    Again. Its in the Terms of Services. When you agreed to. Period. You can't unagree to their terms and conditions.

    What people always assume is just because the game has a lot of problems.. . that doesn't mean Kabam is cheating you out of your virtual items. You purchased them. You got them. Kabam holds no responsibility over how good the game works... and buying virtual items is at your risk.

    Besides, there are better Kabam games.. such as Shadowland.
    There is a better game out there called Dragons of Atlantis. You can breed your dragons now, and so much more, the game has about 99% less problems than TON. lol

  5. #5
    Junior Member
    Join Date
    Apr 2012
    Posts
    11
    Not in some states- here in PA if a company does not fulfill their obligations any waivers you may have agreed to are null and void period.... and yes you can file a lawsuit in the state you live in not just the state where the company is based

  6. #6
    Quote Originally Posted by EbonySil View Post
    However Kabam as well agreed that as players we were entitled to the use of the game as long as we followed their rules. In turn it is their responsibility as a business to keep the players informed about things that will affect the game and the players ability to utilized the server.
    I think you need to read that again. It specifically says KABAM can end the game, at any time, without any warning. Furthermore, you agree to not sue and your only remedy if you are unhappy with this arrangement is to not play. This is why companies write such long and detailed ToS...so we won't read them and won't realize what we're getting into.

  7. #7
    KABAM has no obligation. You signed up for a game which explicitly states it can be pulled at any time. The ToS even specify that you are not guaranteed by law to have access to the website. Again, read the ToS.

  8. #8
    New Member
    Join Date
    May 2012
    Posts
    4
    As much as it bites, they have us over a barrel. It clearly states that they can change, suspend, delete or discontinue any and all "services" provided. You paid real money in exchange for virtual items. You recieved those items, that fulfills the responsibility of Kabam. Your only available recourse of action, is to stop paying them said disputed money and take your business elsewhere.

  9. #9
    New Member
    Join Date
    May 2012
    Posts
    0
    You can always file a complaint with the BBB and let other people know what has happened to you and how well you've been treated.

  10. #10
    Junior Member
    Join Date
    May 2012
    Posts
    12
    [Here is a thought...go outside and play a game with real people. Interact with your friends face to face. This is a virtual game..expect problems, grow up and deal with disappointments. It was fun while it lasted. Move on.


 
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