EULA changed

levortex

Frost Gate Guardian

Join Date: Jun 2006

Netherlands, gelderland

none yet

E/Mo

The GW Uela changed (atleast for the europeans), but i don't get it. Do i need to pay now, if im not buying new campaigns?? I'm not really good in english and i don't know what really changed in the ula, but can someone explain the changes a bit?? (in simple normal englisch)

Opeth11

Opeth11

Desert Nomad

Join Date: Oct 2005

Richmond, British Columbia, Kanada

Demon of the Fall [Opet]

Mo/Me

I don't know what the changes were, but I'm pretty sure that are no forced payments involved.

Dev121

Dev121

Forge Runner

Join Date: Sep 2005

I got it up but i never read them just click accept =P

Gorebrex

Gorebrex

Jungle Guide

Join Date: Jan 2006

I saw it at login, so maybe its changed for everyone. Saw something like what youre saying, I only speak english, and still am not sure. Will have to look again I guess.

zhai

Academy Page

Join Date: Dec 2005

Poland

The Witchers

R/Me

NC Interactive reserves the right to alter the fees payable for new Chapters or introduce alternative fee structures for the Service. Any alteration to the purchase price will be posted on the Web Site at least 30 days prior to such alteration taking effect. If you do not agree to any such alteration, you should not purchase the new Chapter and/or you should terminate your Account prior to the date on which the alteration takes effect, otherwise the revised amount will automatically be debited to your Account.

fees? What about "pay once, play forever"?

Kaguya

Desert Nomad

Join Date: Jan 2006

Moon

Mo/

Quote:
Originally Posted by zhai
NC Interactive reserves the right to alter the fees payable for new Chapters or introduce alternative fee structures for the Service. Any alteration to the purchase price will be posted on the Web Site at least 30 days prior to such alteration taking effect. If you do not agree to any such alteration, you should not purchase the new Chapter and/or you should terminate your Account prior to the date on which the alteration takes effect, otherwise the revised amount will automatically be debited to your Account.

fees? What about "pay once, play forever"?
That allows them to change the prices of character slots and chapters in the online store, and add/remove stuff online store would sell, for example. It doesn't mean they'll be including any pay to play-stuff. It has been said many times by ANet people that GW will not be PtP. Plus, that'd be like committing a suicide anyways, more or less.

zhai

Academy Page

Join Date: Dec 2005

Poland

The Witchers

R/Me

I really wish Gaile to comment it.

Rain Knight

Rain Knight

Site Contributor

Join Date: Nov 2005

Australia

[KATE]

R/W

pfft ~ like mista devaney up there said, just click accept =P

basicly its just the same with some minor adjustments......18+, exploiting the software, bots, product fees etc etc...

Destro Maniak

Jungle Guide

Join Date: Aug 2006

A/

I am the one of the people clicked accept without reading. Are we going to gives fees to nightfall .Or are we going to give fees to prophercies and factions or nothing

Tyggen

Tyggen

Krytan Explorer

Join Date: Jul 2006

Mo/Me

Quote:
NC Interactive reserves the right to alter the fees payable for new Chapters or introduce alternative fee structures for the Service.
Accepting this is accepting that Anet may turn the game into pay-to-play. "The Service" they mention is either limited to new chapters (hopefully), but can also mean the existing game.

-edit-

Oh, and it's called an EULA, not an UELA.

led-zep

Krytan Explorer

Join Date: Nov 2005

if the eula is changed and you dont agree do you get a refund on your purchase since it is an altered contract (supposedly) from when you first agreed.
would laugh if thousands of people dont agree and demand money back.

ChrOnic_Seizures

ChrOnic_Seizures

Academy Page

Join Date: Nov 2005

Demon Soldiers Elite

Mo/

I don't think they are going to add fees, but i must say seeing this actually made me think and stop to read the "whole" agreement. Maybe they plan to start really inforcing ALL the rules?

Ajantis

Wilds Pathfinder

Join Date: Oct 2005

W/

Quote:
Originally Posted by Destro Maniak
I am the one of the people clicked accept without reading. Are we going to gives fees to nightfall .Or are we going to give fees to prophercies and factions or nothing
How about you read it next time so you know what has changed?

ChaoticCoyote

ChaoticCoyote

Krytan Explorer

Join Date: May 2006

Florida, USA

Imperial Order of the Iguana [IGGY]

R/

As I said in another thread: You're paranoid.

The changed clause is related to price changes in chapters and other purchasable content. For example, if you bought Propechies for $50, and they start selling it now for only $30 (maybe in the online store?), the EULA says you can't ask for a refund of the difference.

That's it. Nothing else. No conspiracies.

Cherrie

Cherrie

Krytan Explorer

Join Date: Jun 2006

Echowald

Marked by [Fury]

Me/

How many threads on this update there are?
Anyway I'll cut down with my conclusions until Gail Gray will be so kind and clear matters up. What certain is that:
ANet advertised GW as "buy nd play for free" from the beggining
ANet officially anwsered (up to this date) that they designed and created the game so it wont become Pay to play
Law cannot work backwards so they cannot make owners of c1 and c2 pay additionally or they break the law

But still I cannot restrain one more comment... Reading some of Gail's anwser, like the one about merging accounts, I cant shake off that nasty feeling that ANet has become simply annother $ leech with no respect for players and with the "be happy with what youve got and fk off till next chapter" attitude. Sad.

SylverDragon

SylverDragon

Frost Gate Guardian

Join Date: Jan 2006

Cheshire, UK

Quote:
Originally Posted by zhai
NC Interactive reserves the right to alter the fees payable for new Chapters or introduce alternative fee structures for the Service. Any alteration to the purchase price will be posted on the Web Site at least 30 days prior to such alteration taking effect. If you do not agree to any such alteration, you should not purchase the new Chapter and/or you should terminate your Account prior to the date on which the alteration takes effect, otherwise the revised amount will automatically be debited to your Account.

fees? What about "pay once, play forever"?
This term has not just been introduced into the EULA, and worries keep coming up over this each time the EULA is updated.

Anet have said many times that there will be no ptp fee.

This is a PlayNC EULA, with minor adaptations for GW. If you look at http://eu.plaync.com/eu/help/useragreements/ you can see the same clause in the EULA's for other PlayNC games.

Also note the part that says 'otherwise the revised amount will be automatically debited to your Account'. This is there so that the fees for games that are already ptp can be altered. They can't just start charging a fee if there is no existing agreement to do so.

Some people have said that the update is to cover the introduction of the online store.

EternalTempest

EternalTempest

Furnace Stoker

Join Date: Jun 2005

United States

Dark Side Ofthe Moon [DSM]

E/

I can't find the post but Gaile did mention that GW is free to play when this topic was brought up and this has been EULA for a while now.

A lot of companies have this option, it gives them the legal right to change things latter but that doesn't mean they will implement such feature.

Anet knows that if this were to happen, they would easily lose 2/3 of there fanbase within 30 day notice.

Loviatar

Underworld Spelunker

Join Date: Feb 2005

Quote:
Originally Posted by zhai
I really wish Gaile to comment it.
GAILE HAS ALREADY EXPLAINED IT VERY CLEARLY.

*ASIA*

*INTERNET CAFE*

*ALTERNATE FEE STRUCTURE FOR DIFFERENT COUNTRIES*

*ONE EULA TO COVER ONE WORLDWIDE GAME*

*THIS PART MAY APPLY TO KOREA BUT NOT BE AVAILABLE/APPLY IN USA/EU*

Zakarr

Zakarr

Jungle Guide

Join Date: May 2005

Finland

Hopefully there is nothing else. People who bought Prophencies and/or Factions for "lifetime" without any forced fees, wouldn't be happy if they have to close their account after couple years because they refuse to pay extra fees.

Eragon Dragonslayer

Eragon Dragonslayer

Jungle Guide

Join Date: Dec 2005

Right Behind You

The Raven Evolution [wvw]

A/

what they are saying is that if u are 18 or over u can subscribe to their service which automatically gives u every new chapter everytime its released and they will take 50$ from ur bank everytime they do that...

Stockholm

Stockholm

Desert Nomad

Join Date: Feb 2006

Censored

Censored

R/

Quote:
Originally Posted by Cherrie
What certain is that:
ANet advertised GW as "buy nd play for free" from the beggining
ANet officially anwsered (up to this date) that they designed and created the game so it wont become Pay to play
Law cannot work backwards so they cannot make owners of c1 and c2 pay additionally or they break the law
There is the little matter with A-Net saying and BIG BAD NC-SOFT doing.
What A-Net say's has no bearing on what NC-Soft will do since your contract is with NC-Soft not A-net

sparks

Academy Page

Join Date: Jul 2005

N/Mo

well you can bet one thing in this lawyer lingo of stating 20 things and saying nothing. IT AINT SET UP TO MAKE YOU A BETTER OFFER. Its there to say that no matter what they do in the future you can't do a damn thing about it.
Right now on the old eula you have rights about the ORIGINAL purchase of the game and the ORIGINAL agreements. By agreeing to this eula, all previous agreements are null and void. Meaning that no matter what you say about oh I bought a pay once and play, if they charge I can sue...NOT after agreeing to this NEW bs eula.


sparks

Loviatar

Underworld Spelunker

Join Date: Feb 2005

Quote:
Originally Posted by sparks
Right now on the old eula you have rights about the ORIGINAL purchase of the game and the ORIGINAL agreements. By agreeing to this eula, all previous agreements are null and void. Meaning that no matter what you say about oh I bought a pay once and play, if they charge I can sue...NOT after agreeing to this NEW bs eula.


sparks
unlike you i have had business law (passed it even) and this change did not affect the fact that you never had any recourse to begin with from the very start.
they state they can shut down the servers 5 minutes from now for any reason and you cant do a thing.

so what is different pray tell?

huMptY DumPty

Frost Gate Guardian

Join Date: Jun 2006

[BAN]

W/

eula did change a bit...
I say nothing much changes

Hockster

Hockster

Banned

Join Date: Jul 2005

Sheesh, do you people hide in the basement wearing tinfoil hats?

http://www.guildwarsguru.com/forum/showthread.php?t=4764&referrerid=92302&highlight=E ULA

http://www.guildwarsguru.com/forum/showthread.php?t=10004829&referrerid=92302&highlig ht=EULA

Kook~NBK~

Grotto Attendant

Join Date: Mar 2005

A little chalet outside Drok's

Natural Born Killaz

The last time they changed this part of the EULA (about 8 - 10 months ago), it was greeted with the same "OMG! They're going to start charging monthly fees!" paranoia.

I doubt very much that the big-wigs at A-Net & NCsoft would take the risk of screwing up the GW business model - which seems to be working well for them - by introducing monthly fees.

EDIT :::: This is straight out of the new EULA, Section 2:

"NC Interactive offers the Game(s) as a subscription free on line fantasy role playing game service with fee based releases of new game(s) content (the Campaigns)...."

I'd be willing to bet that most of the paranoia comes from those who skipped reading that part.

Amy Awien

Amy Awien

Forge Runner

Join Date: Jul 2006

R/

Quote:
Originally Posted by huMptY DumPty
eula did change a bit...
I say nothing much changes
Would perhaps be more usefull if you somehow quoted the changes, or gave pointer to which sections were changed.

sparks

Academy Page

Join Date: Jul 2005

N/Mo

ok I am not going to start with whooooooo you passed a law class statements or anything like that.

hey state they can shut down the servers 5 minutes from now for any reason and you cant do a thing.

you are correct on this.

BUT they can not change and start charging a montly fee under the original agreement done when you purchased the game.
(matter of fact when in court you drag out a copy of their ads stating NO online fee and they would get laughed out of court)

But when Anet uses statements like we are not planning and we don't intend to do something the first thing that comes to mind is, NOWHERE do you say that you won't.

like some have said where is that in the EULA?

They are covering there arse and that is that.
BUT the customer has NO recourse except court to find out what has been changed and why.

You agree to some far reaching EULA after you purchase the game then every time they feel like it they change it and say agree or quit playing.

THAT IS BS and I will bet you any amount of money this type of thing can be revoked in court.

Just like the EULA that you agree to by opening the box, even BEFORE you get to view it, saying oh you opened the box you can do nothing.
THIS has been taken to court in Ca and was ruled on.

But back to this new EULA, the biggest question I have is to put an online store in place then 2 months later saying OH we have a problem, please agree to our NEW legal rights makes no since.
Why was this NOT covered before there was an online store. Using the 18 only means that to purchase from the online store legally you have to be 18+ to do this. Try to take money from an acount when the person making the purchase is under 18 will get them in BIG trouble.

and they make a point of legal age over and over again.

sparks

The Pointless

The Pointless

Wilds Pathfinder

Join Date: Jul 2006

Stuck in the UK

Rage International [RAGE]

W/Me

The "new" EULA hasn't changed since April. It even says April 2006 on it still!

An Officer in my guild noticed this. No change since the day before Factions went live!

Mercury Angel

Mercury Angel

Avatar of Gwen

Join Date: Apr 2005

Wandering my own road.

I thought it was the refund clause that got added. The one that says anything you get is non-refundable, and if you attempt to reverse the charges, they'll shut down your account. (Not sure what else, if anything, was added.)

Was thinking it was in response to the people cancelling the charges on their credit card because Anet charged them for more than they say they bought.

http://guildwars.com/support/legal/users-agreement.php

This is still the May version, you'll find no mention of the part on the one in-game about that.

Bear in mind, the section under "Chapter Purchases" sounds similar to what I'm talking about, but that one's NOT what I remember seeing last night.


And don't encourage people to not read what they're agreeing to in a contract. -_-

madman420

madman420

Lion's Arch Merchant

Join Date: Feb 2006

Quote:
Originally Posted by Hockster
Sheesh, do you people hide in the basement wearing tinfoil hats?
How did you know? Are you watching me?

The Pointless

The Pointless

Wilds Pathfinder

Join Date: Jul 2006

Stuck in the UK

Rage International [RAGE]

W/Me

Quote:
Originally Posted by Mercury Angel
And don't encourage people to not read what they're agreeing to in a contract. -_-
I wasn't actually, but it seems that there's a big deal being made over an EULA that's had the same date (ergo most likely being the same) as the last one being shoved in our face...

sparks

Academy Page

Join Date: Jul 2005

N/Mo

Hockster I wear it for the style not the effect.
And don't pull the tab....the kiss is mine.

It says LAST MODIFIED AUGUST 2006


sparks

Stockholm

Stockholm

Desert Nomad

Join Date: Feb 2006

Censored

Censored

R/

With this new EULA you can't do squat about the recuring charges that will show up as Play-NC support account, Witch you never applied for but curtesy of PlayNC they still opend in your name with the credit card Info from the online store.(hence the NO CHANGE E-MAIL Policy) and now they have even made it legal to close your GW account if you close the PlayNC account.

Former Ruling

Grotto Attendant

Join Date: Oct 2005

Cedartown, Georgia

R/

That cluase of the EULA has been there FOREVER (It wasnt something added for the store or ANYTHING) - I now because back before Christmas one of my friends was going Crazy because he just KNEW that with the next expansion they'd add monthly fees because of it.

And Gaile has already said it is just to cover the Asian market. See, in places like Korea, they DO have alternate paying options just because of the setup over there (Internet Cafes, and such). And since the same EULA is used worldwide...They have to allow for that kind of system.

BTW, dude on first page talking about getting your money back, Sorry...Isn't happening. the EULA is NOT a contract agreement (Whether it can even be Upheld in Court is a debated matter).

The EULA is more of a Complex Liability Statement - Just like putting a sign on your gate saying "NO Trespassing" so that when someone comes on your property and gets hurt they can't sue you because you plainly had a sign up saying stay off my property. Same thing with the EULA, They say stuff like "We can do whatever we want to your account" so that when they ban your account you can't do anything about it. And exactly like most Liability Statements, it is subject to the Judge as to whether it will be upheld or not.

Funny fact though, The MAJORITY of the time that EULA's and other "ShrinkWrap Agreements" (things you have to agree too before you can use the software) have been brought to court, they have been ruled against (This most companies start trying to get alittle too cocky with their EULAs and add things like "You cant say bad stuff about this product" in them - Which is completely insane and would never be held up in court).


This is, BTW, why they have that part at the end saying "If you are going to take this agreement to court, you have to do it in Travis Country, Texas" Thisis because they know that the courts there are under their thumbs and will uphold the EULA (and the judges are probably on the companies payroll, if you know what i mean). But EVEN THIS can be ruled against. It happened with Ebay's Paypal company. Their agreement says that any actyions against them have to be taken to 1 court in California, and when this guy sued Paypal, he acutally motioned, and WON, a suit that claimed this kind of "use this court only" agreement was not lawful and he got to sue thme in his own county's court and of course WON EASILY because his court isnt on Ebay's Payroll lol.. This is a famous case because it was the first time Ebay had actually lost a Suit.

In the new EULA update, they added a few parts and fixed some wording.

Dante the Warlord

Desert Nomad

Join Date: Jul 2006

W/R

I saw the new rules the last time i logged on...i skimmed through it and the thing that really got me angry was the "we can delete your account, but you won't get a refund". gosh i was extremely angry!!!!!

ANWAYS thats not my question...my question is what does it say about leechers and people like ebayers... i couldn't find anything on that.

Phaern Majes

Phaern Majes

Desert Nomad

Join Date: Sep 2005

Anywhere but up

The Panserbjorne [ROAR]

R/Mo

Its like Kaguya said, it'd be a suicide move for them. I'd stop playing if they start charging monthly fees, and I know I'm not alone on that.

Former Ruling

Grotto Attendant

Join Date: Oct 2005

Cedartown, Georgia

R/

That clause has always been there, and is there in EVERY game's EULA.

I will just reference the OTHER EULA thread here, and not type all the stuff out again >_>

Anyway, Leeching. Currently they don't have a clear "You cant leech" rule. Which is why leeching is a huge problem right now, in a Support ticket someone posted, they said it is hard for them right now to cure this problem, and just report all the instances of it happening, and when enough people report it, they'll give it a priority to fix.

"Ebaying" falls under their Rules, not their EULA I beleive. The EULA is just a user agreement, they have seperate "Terms and Conditions of playing" that you look at to acutally read the rules like that.

The Pointless

The Pointless

Wilds Pathfinder

Join Date: Jul 2006

Stuck in the UK

Rage International [RAGE]

W/Me

Selling ingame items for Real-world currency IS a violation of those terms. eBay falls under this.

Stockholm

Stockholm

Desert Nomad

Join Date: Feb 2006

Censored

Censored

R/

The new EULA is to make sure you can not cancel the $6.95(thats what I got charged for it) monthly charge that PlayNC will charge evryone that have used the online store, since you now have a PlayNC support account, this will show up on the september CC statements, for those that used the store when it first came online.
A-Net and NC-Soft knows they can not charge a monthly fee for GW in US and EU and still keep the player base, but NC-Soft is not above charging for evrything else including non-existing support.
The new EULA just makes sure they can point and say "But they agreed to the charges by pressing the Agree button"