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Thread: The New ToS - Analyzed

  1. #1

    The New ToS - Analyzed

    Here is a Summary, in layman's terms, of the new Terms & Conditions set forth by Gameforge. This includes only sections that are of particular note. i.e things that players may not be aware of by assumption.

    *Gameforge defines any online game or platform that they administrate as a "service" that they provide. Gameforge reserves the right to take the initiative in interrupting "services" for any reason. In the case of technical or maintenance reasons, prior notice may not be given.

    *Gameforge forbids the use of it's "services" in the making of a "gainful profit". This means that third party stores selling currency or cards for cash violate the ToS.

    *Gameforge's ToS takes precedence over any prior rules/obligations, if prior rules/obligations are found to be in conflict with Gameforge's ToS. This is in accordance to terms not specified in the ToS, and made between Hex & Gameforge through whatever contract they now hold together.

    *All prior rules & obligations towards players are null & void, if they conflict with the ToS.

    *Account sharing, and registration on behalf of another party are both forbidden by the ToS.

    *Having multiple accounts as a single user is forbidden by the ToS. They're talking to you KS backers.

    *Gameforge reserves the right to mess with player IGN's.

    *Proxy services & VPN's are forbidden. Anything that disguises or conceals the "real IP address" of the user is against the ToS. Yeah... Screw you Gameforge. This is important to a lot of people.

    *Unless HEX makes a specific exception, using multiple clients at once (multi-boxing) violates the ToS.

    *Use of software that facilitates "data-mining" is forbidden. This is defined as anything that collects or captures any information relating to a "service" that Gameforge provides. This is apparently not limited to software. This includes the personal, manual collection of information. Every third party site, and any software created using the provided API, is in violation of the ToS. This includes such sites as the HexTCGBrowser & HexPrice.

    *The sale of any in game content, or player provided service, for "real means of payment" is expressly forbidden. This is in the ToS twice, just to reiterate that third party stores are forbidden.

    *Gameforge does not "own" content contributed by users, however the user grants Gameforge the "permanent and irrevocable rights" to use content contributed by said user. Joint ownership, in other words.

    *Here's an interesting one to finish off the list. Users can apparently cancel their agreement to the ToS, by mailing or emailing a written notice to Gameforge.


    You're welcome folks
    Last edited by selpai; 11-10-2015 at 08:22 AM.

  2. #2
    I'm going to copy my post from Reddit here:

    So you can't sell cards for money any more? This is huge change in the long run if it's true and it's not what has been advertised, I look at this game also from an investment standpoint and if people has to find non-legitimate ways to sell even the cards that means less willing people, more trouble finding these etc.

    Also what about the current shops like HexPrimal and FiveShards? I guess they will change this part in the ToS or at least I hope so.

    And I'm not even a KS backer, can't imagine what those people feel after investing that money.
    Last edited by rwn; 11-10-2015 at 07:44 AM.
    IGN: rwnkrs

  3. #3

    GameForge ToS needs changing

    1.5
    The Gameforge Services are solely intended for the entertainment purposes of consumers. It is prohibited to use them for the purpose of making a gainful profit. Exceptions to this require the express, prior written consent of Gameforge.
    (From section 4.3)
    Under no circumstances may the user
    <snip>
    c) buy or sell virtual articles originating from the Gameforge Services from third parties in return for real means of payment, nor may he exchange these goods or attempt to negotiate any of the aforementioned transactions unless this is permissible in the individual case.
    This also includes all actions equivalent to the aforementioned prohibited activities.
    Stricter rules on RMT than we had before. There was enough concern with the old ToS in regards to RMT, which is a big concern for players. If Hex collections are supposed to have value this isn't helping. I realize that these cases probably won't be pursued, but it's still concerning.

    4.1
    Unless the Rules allow exceptions, the user may participate in each round of an online game (e.g. world, universe etc.) using one user account only. It is not permissible to use multiple user accounts ("multi-accounts"). Gameforge is entitled at any time at its own discretion to block or delete unauthorised multi-accounts.
    No exceptions for KS/VIP accounts? Single account only?

    8.4
    Gameforge is authorised to delete the user account if there are grounds justifying this (e.g. if user accounts without a membership are inactive for longer periods of time). The respective reasons and pre-conditions for deleting user accounts may be read in the Rules - if in existence - of the online game in question. Furthermore, Gameforge is entitled at its own discretion to delete user accounts at the end of the agreement.
    Deletion of inactive accounts? Not a good thing considering our collections are supposed to have value... and going inactive for too long can mean your collection is just gone. I'd expect that this wouldn't happen often (most games have this clause and never delete accounts) but it's still worrying.

    This seems like a generic copy/paste of GameForge's ToS from other games (especially since the one bit reads "may be read in the Rules - if in existence - of the online game in question"). I feel like we need a Hex specific ToS since this isn't your typical online game. It took a long time to get some of the required changes in the old ToS (and it still wasn't quite where we wanted it) and now this feels like a giant leap backwards for us. Any comment from HexEnt/GameForge?
    Last edited by Svenn; 11-10-2015 at 07:51 AM.

  4. #4
    Yeah Cory, why would anyone have a problem with the new ToS?

  5. #5
    NOTHING has changed just bend over and keep quiet its all fine......

  6. #6
    I mean, if you think about it logical then all the points you "raise" are obvious. Of course they can mess with your IGN, if they want. For example "Therapist" might be changed, since it could be read as something else.

    There is nothing to see here, other than people having too much time on their hands :P

    Every third party site, and any software created using the provided API, is in violation of the ToS. This includes such sites as the HexTCGBrowser & HexPrice.
    Lol. No they're not. You clearly have no idea what you're talking about. Neither of the sites you mentioned are actually data mining
    Last edited by Kroan; 11-10-2015 at 08:05 AM.


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  7. #7
    You are also no longer allowed to have multiple accounts. No exceptions made for KS backers or members of the original VIP program.

  8. #8
    These knee jerk reactions are pointless. They only serve to spread misinformation. This certainly isn't the first time we've seen a miscommunication/discontent between HEX and Gameforge.

  9. #9
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    Quote Originally Posted by Kasbark View Post
    You are also no longer allowed to have multiple accounts. No exceptions made for KS backers or members of the original VIP program.
    hmpf poor yasi
    Austrian Kickstarter & Slacker Backer | IGN: Cernz
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  10. #10
    Quote Originally Posted by ManofPeace View Post
    These knee jerk reactions are pointless. They only serve to spread misinformation. This certainly isn't the first time we've seen a miscommunication/discontent between HEX and Gameforge.
    I disagree.. Whilst the 'tone' of the post might be a little sharp, it certainly highlights a number of areas of the new terms of service which should be slightly worrying for the majority of players and backers, particularly from my point of view the rules regarding real money transactions..

    How can my collection have 'value' if it is now against the ToS to sell anything for real money?

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