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Thread: Alpha Terms of Service

  1. #1

    Alpha Terms of Service

    The Terms of Service for agreeing to download the game client and access the service has a few interesting clauses. There's also apparently a new "Hex Entertainment, LLC" with whom you're making the agreement...

    C4. Transfer of Account. You may not rent, lease, lend, redistribute or sublicense your Account or any part of the HEX Game.
    D5. No External Transfer or Sale of Virtual Assets. HEX Entertainment does not recognize any purported transfers of sales of event tickets or other virtual assets outside of the HEX Game. Accordingly, you are are strictly prohibited from selling, gifting or exchanging virtual assets, event tickets or any other virtual HEX Game currency for other any value outside of the HEX Game.
    C5. Duration of the Online Component of the HEX Game. HEX Game is an online game that must be played over the Internet through the Game Client as provided by HEX Entertainment. You understand and agree that the HEX Game provided by HEX Entertainment at its sole discretion and may be terminated or otherwise discontinued by HEX Entertainment at any time for any reason.
    Along with the waiver of liability on their behalf for the loss of any virtual goods, currencies, player characters, etc. for any reason whatsoever including negligence or tort [D7] ... you also agree that they are entitled to all equitable remedies for any harm to them from a breach of the license, without so much as proof of damages:

    D8. Equitable Remedies. You hereby agree that HEX Entertainment will be irreparably damaged if the terms of this License were not specifically enforced, and therefore you agree that HEX Entertainment shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License, in addition to such other remedies as HEX Entertainment may otherwise have available to it under applicable laws.
    Classy.

  2. #2
    D5 seems to go against original talks about the game being open to 3rd party trading? ... At least I thought 3rd party trading was mentioned as a positive. My lawyer speak sucks.

  3. #3
    Agreed, I was pretty sure they praised secondary markets as a healthy part of any TCG. Most of the clauses are expected CYA lawyer stuff, but being "strictly prohibited" from trading outside the game came as a surprise to me, and prompted the post. The EULA taken as a whole though? I expected better from the "players first" CZE.

  4. #4
    As far as I can tell, that is just to protect themselves.

    Just because it's in a EULA doesn't mean they have to enforce it.

  5. #5
    I'm not really sure what's the big deal... it's a ToS for a product that is still under development. It's not even a finished product yet.. so why would they want to support secondary markets at this point in time.
    Last edited by Huntyre; 10-09-2013 at 02:34 PM.

  6. #6
    This has to be placed in there for the Cover Your Rear attorney part as they are a company. However, it's been stated many times in podcasts that the secondary market will be able to thrive. As Kami stated, it's there but these laws being enforced is a completely different story.

    My personal advice is to just hit okay like you do any other game and not worry about it.

  7. #7
    Quote Originally Posted by Kami View Post
    As far as I can tell, that is just to protect themselves.

    Just because it's in a EULA doesn't mean they have to enforce it.
    Not to be overly dramatic, but selective enforcement is a terrible regime to live under. It's more typical of tyrants than organization claiming to put people/players first in priority. If they don't want to enforce it, don't make people sign it. There are better ways to protect your interests than to forbid all behavior and decide which things you want to punish people for this week.

  8. #8
    Think of it more this way,

    C4. Its not our fault if something bad happens because you buy/sell your account
    D5. Its not our fault if something bad happens because you buy/sell in game items through a 3rd party or to an individual, also we aren't paying taxes on that
    C5. At some point in the future this game may end, that isn't our fault, we aren't promising infinity
    D8. We don't need to prove that we lost money, to seek non monetary legal repercussions against someone who broke this contract

  9. #9
    Quote Originally Posted by wildcard View Post
    Not to be overly dramatic, but selective enforcement is a terrible regime to live under. It's more typical of tyrants than organization claiming to put people/players first in priority. If they don't want to enforce it, don't make people sign it. There are better ways to protect your interests than to forbid all behavior and decide which things you want to punish people for this week.
    Consider if there is an issue? What would be their recourse if it is not explicitly stated?

    People would just go: "Oh, you never said I couldn't do it, so I'll do it."

  10. #10
    Quote Originally Posted by Wolver_the_Zeta View Post
    Think of it more this way,

    C4. Its not our fault if something bad happens because you buy/sell your account
    D5. Its not our fault if something bad happens because you buy/sell in game items through a 3rd party or to an individual, also we aren't paying taxes on that
    C5. At some point in the future this game may end, that isn't our fault, we aren't promising infinity
    D8. We don't need to prove that we lost money, to seek non monetary legal repercussions against someone who broke this contract
    This was how I read it. I can understand the concern, but I certainly understand the lawyer ass-covering, especially early when they plan on trying to tackle real money rewards in the end game someday.

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