We are currently investigating issues some players are having on the megaservers. We will update as new information becomes available.
We are currently investigating issues some players are having with the ESO Store and Account System. We will update as new information becomes available.
EVERYONE, read TOS before complain about performance!
Env_t
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i just found this pretty clear part of a ToS
no more questions to Zenimax
NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES. ZENIMAX DOES NOT ASSUME LIABILITY FOR ANY INABILITY BY YOU TO ACCESS OR USE ANY SERVICES. ZENIMAX DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ZENIMAX WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
no more questions to Zenimax
NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES. ZENIMAX DOES NOT ASSUME LIABILITY FOR ANY INABILITY BY YOU TO ACCESS OR USE ANY SERVICES. ZENIMAX DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ZENIMAX WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
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Sansoul✭✭✭i just found this pretty clear part of a ToS
no more questions to Zenimax
NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES. ZENIMAX DOES NOT ASSUME LIABILITY FOR ANY INABILITY BY YOU TO ACCESS OR USE ANY SERVICES. ZENIMAX DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ZENIMAX WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
The fanboieee is strong in this one.
It's funny how people like to throw about a ToS when it's convenient for their argument at the given time.
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Skwor✭✭✭✭✭
✭✭✭Two things, first at a pratical level that will likely never be challenged in court. Second those words would not hold up in most courts, a company cannot use a disclaimer to void reasonable contractual expectations for a purchased service, even if that service agreement is implied and not on paper. That TOS is to vague and ZEN takes money for this product. Now if they go all free to play they would be golden with that statement.
IMO for what was probably a lawyer's writing it is pretty poor.Edited by Skwor on June 20, 2019 12:30PM24 -
Sansoul✭✭✭i just found this pretty clear part of a ToS
no more questions to Zenimax
NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES. ZENIMAX DOES NOT ASSUME LIABILITY FOR ANY INABILITY BY YOU TO ACCESS OR USE ANY SERVICES. ZENIMAX DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ZENIMAX WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
Post like these make me wanna post even more performance threads and questions.25 -
Turelus✭✭✭✭✭
✭✭✭✭✭We're welcome to complain and critic the issues, just as they're welcome to not doing anything as per the ToS.
Although TBH I don't think they're going to just ignore issues due to a ToS line.@Turelus - EU PC Megaserver
"Don't count on others for help. In the end each of us is in this alone. The survivors are those who know how to look out for themselves."8 -
Nemesis7884✭✭✭✭✭
✭✭✭✭✭so op youre defending the practice of taking money for inadequate services because....? what this leads to have bethesda / zenimax impressively demonstrated with fallout 76...a real case of consumer friendly behavior ^^Edited by Nemesis7884 on June 20, 2019 7:08PM11 -
Jaimeh✭✭✭✭✭
✭✭✭✭✭This statement covers them against legal action regarding issues, it doesn't mean that you shouldn't make your displeasure known when you find issues with their product, just make sure to express it in a way that abides forum rules, if indeed you are writing about it in the forums.9 -
danthemann5✭✭✭✭✭
✭We're welcome to complain and critic the issues, just as they're welcome to not doing anything as per the ToS.
Although TBH I don't think they're going to just ignore issues due to a ToS line.
No. They were going to ignore the issues anyway. This just allows them to say, "look guy, you agreed to this garbage service, so stfu and give us more money."ZeniMax has no obligation to correct any errors or defects in the Services.
Greetings! We've closed this thread due to its non-constructive nature.
"You know you don't have to be here right?" - ZOS_RichLambert11 -
Turelus✭✭✭✭✭
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I'll give you 100k gold if they ever say that.danthemann5 wrote: »We're welcome to complain and critic the issues, just as they're welcome to not doing anything as per the ToS.
Although TBH I don't think they're going to just ignore issues due to a ToS line.
No. They were going to ignore the issues anyway. This just allows them to say, "look guy, you agreed to this garbage service, so stfu and give us more money."
@Turelus - EU PC Megaserver
"Don't count on others for help. In the end each of us is in this alone. The survivors are those who know how to look out for themselves."3 -
FakeFox✭✭✭✭✭
✭✭A ToS agreement is simply justification for certain actions a company might take or not take. Basically a safety to not get sued over everything. However it is not legally binding, it's not a law, it's simply what a company thinks they can legally do and that does not even have to hold true. Having this in their ToS does not even mean it would hold true in a court. So while this might help if anyone actually tries to sue them over ESOs performance it does not free them from their responsibility towards us as customers and we absolutely are in the position to challenge this statement as we are financing this game.Edited by FakeFox on June 20, 2019 12:56PMEU/PC (GER) - Healermain since 2014 - 50305 Achievement Points - Youtube (PvE Healing Guides, Builds & Gameplay)12 -
Skwor✭✭✭✭✭
✭✭✭A ToS agreement is simply justification for certain actions a company might take or not take. Basically a safety to not get sued over everything. However it is not legally binding, it's not a law, it's simply what a company thinks they can legally do and that does not even have to hold true. Having this in their ToS does not even mean it would hold true in a court. So while this might help if anyone actually tries to sue them over ESOs performance it does not free them from their responsibility towards us as customers and we absolutely are in the position to challenge this statement as we are financing this game.
Exactly3 -
yodased✭✭✭✭✭
✭✭✭✭✭From a systems point of view:
Good luck with proof.
Also your personal experience doesn't mean anything and when you learn in discovery that they have server logs that show +95% uptime of systems you are gonna be in trouble.
Also even if you say they take money for a service, fine, but they are providing the service. It may not be up to your standards, but you would have to prove negligence and willful disregard to systems to deny you access to services.
So the suit would be based on:
the system you built works perfect for some people some times but not for me all the time, so you owe me money.
Again good luck.Tl;dr really weigh the fun you have in game vs the business practices you are supporting.0 -
Veinblood1965✭✭✭✭✭
✭Personally I think the PVP lag has gotten better for me over the years. It's so good now that my toon attacks even before I press any buttons. (Sarcasm).1 -
The_Lex✭✭✭✭✭
✭✭Without having done much research on the matter, and without providing any legal legal opinions (consult with an attorney if you want one), the implied warranties of merchantability and fitness for a particular purpose under UCC 2 can be expressly disclaimed in some jurisdictions. But it's harder to do with online services than it is for anything else.
But this is an evolving area of the law. It's a situation where our legal principles have not kept pace with our technological innovations and advancement.1 -
xxthir13enxx✭✭✭✭✭
✭As I’ve said before:xxthir13enxx wrote: »You as a customer have 1 and only 1 right...
To decide if you desire to continue to give a company money...the end.2 -
LukosCreyden✭✭✭✭✭
✭✭Troll topic. Move along, nothing to see here...
Forum mods need to step up their game.Struggling to find a new class to call home.Please send help.3 -
Skwor✭✭✭✭✭
✭✭✭Without having done much research on the matter, and without providing any legal legal opinions (consult with an attorney if you want one), the implied warranties of merchantability and fitness for a particular purpose under UCC 2 can be expressly disclaimed in some jurisdictions. But it's harder to do with online services than it is for anything else.
But this is an evolving area of the law. It's a situation where our legal principles have not kept pace with our technological innovations and advancement.
Yes but that current TOS statement effectively says if you buy the game and it does not work, even due to our equipment issues, you have no recourse.
That is not enforceable contract langage in most western nations. Not to mention the issue of its vagueness on what responsibilities are included/excludedEdited by Skwor on June 20, 2019 1:37PM5 -
brandonv516✭✭✭✭✭
✭✭✭Sure they don't have to do anything. But not addressing issues means players stop logging on, subscribing, purchasing from the crown store, etc.
No need to defend them though, they know what they need to do and we are free to complain.3 -
The_Lex✭✭✭✭✭
✭✭david_m_18b16_ESO wrote: »Why is so many poeple thing that a tos have the force of a law ?
Because some provisions of a TOS has been enforced before in litigation. Facebook has been the primary winner of some of these fights. Not all fights. But a TOS is usually challenged, not as a whole, but certain parts.Without having done much research on the matter, and without providing any legal legal opinions (consult with an attorney if you want one), the implied warranties of merchantability and fitness for a particular purpose under UCC 2 can be expressly disclaimed in some jurisdictions. But it's harder to do with online services than it is for anything else.
But this is an evolving area of the law. It's a situation where our legal principles have not kept pace with our technological innovations and advancement.
Yes but that current TOS statement effectively says if you buy the game and it does not work, even due to our equipment issues, you have no recourse.
That is not enforceable contract langage in most western nations. Not to mention the issue of its vagueness on what responsibilities are included/excluded
I don;t disagree with you. And to be clear, I am not in support of language like this.
However, I do want to play the game, so I accepted the TOS, logged in, and played. I knew the risks. I wanted to play.Edited by The_Lex on June 20, 2019 1:52PM2 -
srfrogg23✭✭✭✭✭
✭✭✭i just found this pretty clear part of a ToS
no more questions to Zenimax
NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES. ZENIMAX DOES NOT ASSUME LIABILITY FOR ANY INABILITY BY YOU TO ACCESS OR USE ANY SERVICES. ZENIMAX DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ZENIMAX WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
... that's not how product sales works.5
This discussion has been closed.