End User Agreement - Say What??

To be fair, some online services require you to be of a certain age before they'll let you in as well, i.e. e-mail and forums.

The real question is how much they are willing to enforce this rule, such as the requirement of a credit card to check your details, etc. Here's hoping they won't be practicing some over zealous anti-piracy methods coughsteamcough.

[QUOTE=Loviatar]the latest official word

I'm assuming that this is from the website? Sorry, but the website isn't the EULA, nor legally binding.

BTW, I'm not trying to just stir stuff up here, I really would like to see an alteration in that wording when I go to the login on Wednesday, and I really don't want to find that I've paid for something that requires Credit Card info before it will activate. The way that document reads, this is precisely what I'd expect.

*The eligiblity section is to define an account so as to define legal rights and obligations in attachment. If someone under 18 sets up an account they can't be legally bound to the EULA because they haven't reached the age of majority nor are they entitled pursuant to the EULA. However, because of the legal definition of an account the account they opened is subject to summary closure because they weren't of legal standing to have an account in the first place, therefore they also can't complain about it because this is an agreement they are givin notice of prior to acceptance. Thus any misinformation provided is done with full knowledge it is erroneous and purposeful intention to violate the EULA. Subject to termination pursuant to the EULA either way.


1) This is specific to chapter purchase.

2) Please note the bold section, that's where they are telling you, you must authorize the billing. They do not bill you and you are just stuck unless you so authorize in the first place. So they aren't gonna be charging you for a chapter or to purchase one ahead of time unless that is what you asked them to do in ordering a new chapter before it is released (i.e. "authorized" ).

3) Please note the words "By paying by credit card..." explicitly implies there are other methods and the details herewith are only applicable if you should choose the method described, meaning: They are not going to require a credit card to sign on pursuant to either of the above quoted sections.

This is only to make sure you have notice anyway. They can have no cause of action against you without your express consent, to gain that they need to give you notice and opportunity. The EULA is notice, your acceptance the legal acknowledgement and opportunity.

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Just thought I would offer up what I could glean from these sections. Hope it was helpful.

I am taking this from the Guild Wars Web Site

"Will there be a subscription fee for Guild Wars? Are there any other fees, such as for patches or updates?

There will not be a subscription fee of any kind, anywhere in the world and there are no hidden fees. You will not have to pay for the streaming updates that will take place on a regular basis, nor for additional content that we will provide between the chapters of Guild Wars."

as well as

"Am I required to buy the expansion packs to continue to play Guild Wars?

No. Every purchase you make in the continuation of the Guild Wars saga will be your choice. If you purchase expansion packs you will gain access to new regions of the world, new skills and abilities, new items, new professions, and much more. If you choose to not purchase a chapter, you will still be able to play the chapters of Guild Wars that you own, and you will have common areas in which you will be able to play with and against your friends who have purchased the other chapter(s)."

http://www.guildwars.com/faq/default.html#release

I'm just gonna throw in my 2 cents, now if u think of this realistically I think it's fair to say the majority of users will be under 18 and I also think its fair to say that most of them wont go to there parents to have them make the account, which means if the guys controlling this, ncsoft, arena net or whomever will find that they would lose a lot of players, and if an individual who is in fact under the age of 18 did make an account how are they going to prove that?

I believe the web site. TAKE IT EASY PEOPLE. They even say there is no hidden fee. AND.. if there is we can all take them to court, get their money and buy them out...

one last thing
all the accounts that have already been created on preorders will be kept according to Gaile Gray an official of the company

she made no mention of age and if only people 18 or over could set up an account to play it would be mentioned

this 18 year minimum is for downloading the new chapter on the account not simply to play the game

hopefully Gaile will officially put the final post on this thread tomorrow

I certainly hope that the majority aren't under 18. I'd actually be surprised - many college and post college people are just as into games, and in fact the GW method appeals more to these people - after all, you can be competitive without needing to invest 2000 hours training up characters. I have found it amazingly common to meet folks in their 30s and up in this game, possibly because that audience has been waiting for a game they can play in their spare time and not be at a huge disadvantage because of more limited gaming hours.

As for the EULA, I have taken games back because I didn't agree with the EULA, you have to read things and make certain you agree - it is a legal document. That said, companies should be bothered to ensure that the document conforms to their wishes, not simply recycle past versions.

Y'know, I want to agree with you guys, but I can't.

Section 4 explicitly states that, in order to use the 'Service' (ie. play the game), we are required to have a 'Game Account', which is subject to fees as defined under Section 5. All well and good.

The part of Section 5 that I take exception to is in the following:

"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."
(emphasis added)

I just want to know what 'alternative fee structures' they may be contemplating, since I'll either have to accept them or terminate the Account that is necessary to play any game content I've paid for until then. That second sentence actually says that you should terminate your account if you do not agree with any alteration in the purchase price: either don't purchase it and terminate your account, or, if you've already purchased it, terminate your account prior to the effective date if you wish to avoid being debited. Whether or not that's what they intended to say, given the contradictory statements in the FAQ and in all their public statements, is quite irrelevant: that's what it does say, so they need to alter the EULA to fit their public pronouncements. And if any 'alternative fee structure' is unrelated to 'alteration[s] to the purchase price' of Chapters, then it should be given a separate clause in the EULA.

The age requirement I have no difficulty with, since they're merely covering themselves over responsibility for behaviour, but the fee structure needs a bit of clarification beyond the good intentions expressed in their promotional material.

yea, as far the 18 thing goes, there saying just to make sure if one was to do something or something happened and the age stuff matters they would be covered better than saying the age of 13 or whatever, keep mind most of the time these eula agreements are written up by attorneys so saying 18 is in their best interest legally.

No, But the EULA does say you need to be 18 to make an account. Did you even look at my previous post?

(Sigh!)

Just to clarify my general position:

a) I WANT to buy this game;

b) I WANT to buy every chapter that the fertile imaginations of the Dev team can come up with;

c) I DO NOT want to, nor will I, ever be required to pay by the month to play;

d) I BELIEVE Gaile when she says, and the website says, that they don't want or intend to do so;

BUT

e) The EULA needs to reflect that.

yea i think theres some poor wording in the EULA and some rather odd age restrictions on a game thats free online

Same here T want to think that all this Legal stuff ot just so they can't get sued if your little 12 yr old sees too many players dancing in their underwear As far as the credit card You will need one to buy online. I still like to go the the store but it is a nice option. I hope Gaile will Tell us the goos news As I want to play but will NOT pay a monthly fee for any Game. Even GW

I do say that the wording on payment structure needs to be cleared up.

As for requiring 18 for a minimum age, it's a legal thing mainly to keep people off of their butts. I'm sure there will be plenty of people registering below 18, but if one of these people or their parents have a problem, NCSoft/ANet can instantly say "ha! They were going against the agreement, so we are not liable!" In short, it's a release of liability.

2 items...

1) The wording might be cut and paste from other EULAs that NCsoft has, so they have something for the time being to at least cover their heiney (No I ain't talkin beer! )

And, along these lines...

2)Kryptpgen you are getting the idea. See if ever some incident occured where where Arena.net could be pointed to for liability, the EULA as worded would cause arena.net to be held harmless if they were an innocent bystander to a minor who abused the system. The purpose is notice, which means some things have absolutely no observable relationship that we can see but are there to assure Arena.net is protected and is bound to deliver certain rights of use to a legally bound person. I was gonna give some particulars but for brevity, the age portion is a matter of notice for protection of Arena.net and isn't there to discourage anyone from using "GuildWars as directed" so to speak.

Yea see, they simply just word it that way just to cover there backs, and like I said they don't have proof of who went to their parents and who didn't its simply there for liability issues, which generally isnt a worry to most people.
As far as the purchasing of further chapters goes im sure there just making it an option to buy online and just download the content to your account kinda like if u bought a game over steam.

I'm not utterly sure, But the last bit there about the fee only being for chapters.. Does that exclude what they say earlier in the EULA? About other fees? (Refer to first post)

It is a direct reference to the first post, section 4(b). No biggie there at all. The statment is merely a Notice that you will be buying chapters and the account is created pursuant to the provisions of section 4(b). That's all it is saying there at the end.

The beginning is fair warning that if you have another account on ncsoft servers and you say otherwise here, that they can take action should something happen on the ncsoft side and you get suspended, meaning: You won't be able to continue here because you lied. Troublemakers are the cause of all this mumbo jumbo.

When you click accept you are acknowledging the notice and waiving opportunity essentially, meaning you see nothing wrong and agree without reservation.

i also think part of it is using almost a scare tactic on people who arent 18 and sign up, and scare them with that stuff so they dont go and do something stupid, and yea the only reason we have all these huge agreements is because someone is always going to go and be a menace