Are cash only "chapters" bait and switch?

Fleshreaper · June 2017

Mephisto939 wrote: »

Before you fanboys type a knee-jerk response please read the following definitions:

In retail sales[edit]
First, customers are "baited" by merchants's advertising products or services at a low price, but when customers visit the store, they discover that the advertised goods either are not available or are not as good as expected, or the customers are pressured by sales people to consider similar, but higher-priced, items ("switching").

https://en.wikipedia.org/wiki/Bait-and-switch

Definition of bait and switch
1
: a sales tactic in which a customer is attracted by the advertisement of a low-priced item but is then encouraged to buy a higher-priced one
2
: the ploy of offering a person something desirable to gain favor (such as political support) then thwarting expectations with something less desirable

https://www.merriam-webster.com/dictionary/bait and switch

People have already posted comments by ZOS saying that ESO+ Subs would get free quarterly DLCs, and that subs would never need to pay for additional content. Calling Morrowind an "expansion" or "chapter" is an absolute marketing ploy in a sad attempt to get around their commitments. Kind of like advertising doughnuts for 50 cents and then charging you 2$ by claiming it's not a doughnut: it's a fried pastry with a hole in it.

Last time I checked Zenimax operated inside the United States of America, which at this time is still a free country. It's their software/game, it's their business to change their business model at ANY time to continue operating. If you the consumer do not like that, simple exercise your RIGHT to NOT purchase it. Things change every day, adapt and over come or go the way of the dodo and common sense.

Solariken · June 2017

Here's the thing. I have no issue whatsoever with the amount of money I pay for services and cosmetics. Hell, in some cases I would gladly pay more overall for the value I feel it brings.

However, I hate the marketing and pricing schemes of all of it. *HATE* IT. ZOS suits will eventually build every dirty sales trick into the business model that they can to suck every greasy penny out of the market they possibly can, alienating the core playerbase every step of the way. These clowns (marketing/management) are the scum of the earth but sadly they are one of the most integral pieces of any business. I only tolerate it because there is no real alternative.

Dreyloch · June 2017

It's just one more item on "The List" of BS ZoS has fed us. But they will see what happens when some titles on the horizon come out. They are gonna be left wondering where we all went to and why their bottom line is tanking hardcore.

I wouldn't have bought this expansion/chapter/switch if I knew for sure some titles I've been waiting for were coming within the next 2 months. ESO will get dropped like a hot potato, trust me. A lot of people will leave this game behind.

Mephisto939 · June 2017

"Fleshreaper wrote:

Last time I checked Zenimax operated inside the United States of America, which at this time is still a free country. It's their software/game, it's their business to change their business model at ANY time to continue operating. If you the consumer do not like that, simple exercise your RIGHT to NOT purchase it. Things change every day, adapt and over come or go the way of the dodo and common sense.

So let me get this straight...Because ZOS is based in the US (the most litigious country in the world), they are somehow immune to contract law??????????????

Talon_Draconis · June 2017

ShedsHisTail wrote: »

Talon_Draconis wrote: »

Skcarkden wrote: »

Rhoric wrote: »

How wrong you are. In any MMO where there is a new class it is in an expansion. We got the Warden class with this EXPANSION. No bait and switch. No nothing. And just so you know, I am a ESO+ subscriber.

1. Get rid of this "if other MMO's do it this way then every MMO should!" it's absolute nonsense, and i doubt those MMO's promised "if you subscribe you always get access to all content" like ESO did. Also, i'm curious, are you for or against having an AH in ESO? i'm guessing you're selectively against it, while selective about what all MMO's have to do based on what other MMO's do.

2. Where on earth does this "new class = expansion" logic comes from? So if an MMO just sells a "New class, nothing else" pack, is it an expansion then? Should we take every single player game in known existence to court for mis-using the term expansion when they offer no 'new class'? I don't think Fallout 3 had a class system, but it has expansions!

Warden was cut content to begin with. it's hardly new when they held onto it for later...

Guild wars 2 all content additions are included in the base price they don't even have subs
The only reason I am not playing it is can't really get into the story and lore of the game

*cough*
http://buy.guildwars2.com/store/gw2/en_US/html/pbPage.heartofthorns

The stuff is all cashshop stuff
The game along will all the expansion races dungeon ect are free there is no difference in the content of the game the only differences between eds is the same stuff available if the cashsop .
Pretty well the same stuff that is in our cashsop.
The thing is all dlc chapters ect was included since I bought GW2 years ago.....if I wanted to I could dl heart of thorns right now and would not have to pay a cent more than I paid for the game years ago.

Now zmax forcing me to pay for dlc when I even paid them a sub so I when they said all future dlc would be included
Calling it a chapter and making it cash only so they can get a few bucks really pisses me off!

Pathemavan · June 2017

Mephisto939 wrote: »

"Fleshreaper wrote:

Last time I checked Zenimax operated inside the United States of America, which at this time is still a free country. It's their software/game, it's their business to change their business model at ANY time to continue operating. If you the consumer do not like that, simple exercise your RIGHT to NOT purchase it. Things change every day, adapt and over come or go the way of the dodo and common sense.

So let me get this straight...Because ZOS is based in the US (the most litigious country in the world), they are somehow immune to contract law??????????????

Not immune - but since they're based in the most litigious country in the world, they're rather good at indemnifying themselves with a carefully worded EULA

ShedsHisTail · June 2017

Mephisto939 wrote: »

"Fleshreaper wrote:

Last time I checked Zenimax operated inside the United States of America, which at this time is still a free country. It's their software/game, it's their business to change their business model at ANY time to continue operating. If you the consumer do not like that, simple exercise your RIGHT to NOT purchase it. Things change every day, adapt and over come or go the way of the dodo and common sense.

So let me get this straight...Because ZOS is based in the US (the most litigious country in the world), they are somehow immune to contract law??????????????

Writing something which you've chosen to construe as an indefinite promise in perpetuity on a website is not a contract.

They've said since Day 1, that ESO+ will give you access to "DLC Game Packs." That gives them wiggle room to relabel a product which they view as substantially different from that as something else. Just as every other Crown store item doesn't automatically become available to subscribers because it's not a "DLC Game Pack."

You've been allowing them to label their content as whatever they want to call it to exempt it from the phrase "DLC Game Pack" for years now without bringing up this complaint. But now you're upset because it's something bigger than a pack of hairstyles or costumes.

Their product, their rules. And unless you're ready to take it to court and argue that Morrowind is not substantially different from previous "DLC Game Packs" and should not have been re-labelled as something else, then you need to come to terms with the concept that you've accepted as reasonable for the last three years; that it is whatever ZOS says it is.

Acrolas · June 2017

I'd call the Dwarven crate a bait and switch. They went ahead and released it without informing us of its reward tiers. They extended the Wild Hunt season past what it should have been solely to double-dip new customers who were introduced to the system with the Dwarven crate.

But not the Chapter. The Chapter is just Bethesda marketing making a Mountain out of a sweetroll. The statue was an okay idea poorly executed, but seeing how tickled Lawrence was over the journal almost makes the whole thing worth it. I almost wish they would have torpedoed the Discovery Pack and made an ebook of the journal the preorder bonus so you could keep the print copy sealed.

ShedsHisTail · June 2017

Acrolas wrote: »

I'd call the Dwarven crate a bait and switch. They went ahead and released it without informing us of its reward tiers. They extended the Wild Hunt season past what it should have been solely to double-dip new customers who were introduced to the system with the Dwarven crate.

But not the Chapter. The Chapter is just Bethesda marketing making a Mountain out of a sweetroll. The statue was an okay idea poorly executed, but seeing how tickled Lawrence was over the journal almost makes the whole thing worth it. I almost wish they would have torpedoed the Discovery Pack and made an ebook of the journal the preorder bonus so you could keep the print copy sealed.

Yeah, I'd really like to get my hands on the journal, but I have no use for a big statue, nor did I have the cash at the time to splurge on the whole package.

Bouldercleave · June 2017

Skcarkden wrote: »

DMuehlhausen wrote: »

Skcarkden wrote: »

Of course it is, just as as crates are. They told us they would never do anything like RNG crates at the start just as they told us subscriptions would get all content, hell they made subbing optional because it would be a "buy once" thing. They lied on both accounts telling people "no, we won't do this, we will do that" knowing full well people will get into the game because of what they specifically promise. and then they go around and change their minds.

I'm just waiting for the moment to hear someone takes this further.

Well guess it's a good thing in the ToS it says they can make changes at any time...

I guess it's a good thing they can change the ToS to say you now owe them $10,000 at any time.

Perhaps i should just start a business tricking fools into agree to a ToS. threaten to take em to court if they don't pay since it seems like virtually everyone believes EULAs/ToS's are ironclad and absolutely 100% fully protected and enforced by the legal system.

You did not seriously just use this as an argument, did you?

There are limitations to what they can legally incorporate into an EULA - and I'm pretty sure they made sure that they were covered under the proper laws. Do you not think that ZoS has a legal team that inspects the verbiage and terms before they present it to the world?

Jesus, examples like this make me realize just how naive that the world has become.

Tasear · June 2017

Mephisto939 wrote: »

tonemd wrote: »

You give them the right to do this every time you accept the EULA. Perhaps the Europeans can take them to task.

I think they would be on a pretty slippery legal slope in terms of contract law. You can't hide behind a loose EULA where you grant yourself the privilege of changing the TOS at a whim.

Haha, the best part is if you search you can find a post where find reports of customer service calling it a dlc.

But I regards to the topic. Ethically it was wrong no doubt about it. Though, I see why they had to do it. The parent company is coming out with two new games so funds are coming from somewhere. On a positive note though in regards to longevity of the game. This will keep it going for far longer. we will never see elder scrolls 2 . So was it the right decision ...yes unfortunately.

I do think they have alot to offer but a better price is about 10 dollars less at least for me. Why it's no greater then orisum in size. The dungeons weren't bigger, both have a trial. Battlegrounds are a bit undertested. It will need limitions on usage of things for it to be competitive game play. But let PvP experts settle that.The new class brings precedent, as a wonder how well they define the next chapter. I doubt we can keep going with just adding classes so more content would be appreciated.

Maybe add

Master fishing quests, better gameplay to fishing.

Justice system, let thieves be hunted by bounty hunters.

Jewelry crafting and transmog in base game

Master crafter title

Underwater gameplay.

Sky game play

Guild wars

Time skip...age the regions.

Extra character slot - add this with pre-order next time

Climb trees

Gardening

Painting

Personal lore books

So in conclusion, I think it's worth it's value just is subpar compared to other content, so I will wait till it's half price sale then join. Afterall to cheap and poor for it.

I like the game play changes, it's more fun then ever thought could be.

kevlarto_ESO · June 2017

I do not see it as bait and switch, but I am no longer an eso plus, it is cheaper to buy something once in awhile than stay subbed, the crafting bag is great and the double storage, but meh.

I think they did say dlc's inside of Morrowind will be no charge to eso plus members, but it is what it is I got what I paid for I have no complaints.

Mephisto939 · June 2017

I honestly doubt anything like a class action lawsuit will come from this, but if it did ZOS would be on pretty shaky ground. People saying they can change the EULA and do whatever they want are just plain wrong.

ShedsHisTail · June 2017

Bouldercleave wrote: »

Skcarkden wrote: »

DMuehlhausen wrote: »

Skcarkden wrote: »

Of course it is, just as as crates are. They told us they would never do anything like RNG crates at the start just as they told us subscriptions would get all content, hell they made subbing optional because it would be a "buy once" thing. They lied on both accounts telling people "no, we won't do this, we will do that" knowing full well people will get into the game because of what they specifically promise. and then they go around and change their minds.

I'm just waiting for the moment to hear someone takes this further.

Well guess it's a good thing in the ToS it says they can make changes at any time...

I guess it's a good thing they can change the ToS to say you now owe them $10,000 at any time.

Perhaps i should just start a business tricking fools into agree to a ToS. threaten to take em to court if they don't pay since it seems like virtually everyone believes EULAs/ToS's are ironclad and absolutely 100% fully protected and enforced by the legal system.

You did not seriously just use this as an argument, did you?

There are limitations to what they can legally incorporate into an EULA - and I'm pretty sure they made sure that they were covered under the proper laws. Do you not think that ZoS has a legal team that inspects the verbiage and terms before they present it to the world?

Jesus, examples like this make me realize just how naive that the world has become.

Also, you can't just change the TOS and automatically commit people to a thing. If you make changes to the contract, they have to resign it.

That puts it on you, the consumer to re-read it for changes. Yes, I know few if anyone reads those things, but the fact remains, if they change it, it doesn't automatically apply to you.

JamilaRaj · June 2017

Mephisto939 wrote: »

"Fleshreaper wrote:

Last time I checked Zenimax operated inside the United States of America, which at this time is still a free country. It's their software/game, it's their business to change their business model at ANY time to continue operating. If you the consumer do not like that, simple exercise your RIGHT to NOT purchase it. Things change every day, adapt and over come or go the way of the dodo and common sense.

So let me get this straight...Because ZOS is based in the US (the most litigious country in the world), they are somehow immune to contract law??????????????

No. They are immune because in the end, everyone will shut up and buy the fraking switch, chapter, or whatever they call it.
Even you. It is only a matter of time before you give in. You are weak. And helpless in face of ZOS's depredations. You must pay. Now. Go and pay!

idk · June 2017

Three months late to the party and saying the same thing everyone else has said.

I guess people think that somehow them saying change something.

Tasear · June 2017

CaineCarver wrote: »

To me, the expansion vs "DLC" argument is sort of moot at this point since its a done deal. The real question is will any of the future DLC updates only be accessible if you have Morrowind? Of course, I have Morrowind (and love it - worth every penny) and I do the ESO PLUS subscription (Plus buy the DLC just to support new content)...so it won't matter to me but putting normal DLC content behind the Morrowind paywall would be a violation of trust in my opinion.

But it would make morriwind have more vaule. It would have to relate to the area. I believe they should offer sales before then and maybe incentive to join this time. Mind you no more then half of year content should be like this.Also do it every other quarter to keep roits in check. Should not be pay to win though. It's what makes it nice.

P.S Allow people to play on either servers with upgrades.

I_killed_Vivec · June 2017

We will see when (if) they keep up the promised 2 DLC and one chapter a year...

We're owed DLC. People sub for the DLC and if it doesn't appear, or is sub-standard, then people will stop subbing.

I hope they listen to the warnings rather than just count the cash, because we were always going to buy Morrowind.

Fleshreaper · June 2017

Mephisto939 wrote: »

"Fleshreaper wrote:

Last time I checked Zenimax operated inside the United States of America, which at this time is still a free country. It's their software/game, it's their business to change their business model at ANY time to continue operating. If you the consumer do not like that, simple exercise your RIGHT to NOT purchase it. Things change every day, adapt and over come or go the way of the dodo and common sense.

So let me get this straight...Because ZOS is based in the US (the most litigious country in the world), they are somehow immune to contract law??????????????

Please show us your "Contract"....

Fleshreaper · June 2017

Mephisto939 wrote: »

I honestly doubt anything like a class action lawsuit will come from this, but if it did ZOS would be on pretty shaky ground. People saying they can change the EULA and do whatever they want are just plain wrong.

Incorrect! If they change the EULA and post it again, you once again have the OPTION to accept it or not.

ShedsHisTail · June 2017

Oh, also, and this is an important distinction...

If you buy the Morrowind Chapter, you own the Morrowind Chapter. If your subscription lapses, you still have access to it and all it's features. If it was simply ESO+ DLC, then you'd be "Renting" it; as so many people have pointed out in the past in regards to other things.

Why is this important? Imagine it's a normal "DLC Game Pack," you dump 500 hours of playtime into your new Warden character, a character you only have access to because you subscribe to ESO+. Now imagine your subscription lapses... That's 500 hours down the drain because now you can't play that toon.

Oops.

To me, that's a functionally objective difference between the Morrowind "chapter" and a normal "DLC Game Pack."

And yes, I know the replies are going to be, "Well they could have released the Warden separately as it's own thing!" and yeah, they could have. They could also have released Vvardenfell without Battlegrounds, or released each type of Battleground as a separate DLC, or make each quest hub it's own DLC pack, or... They could chop the game up into a million pieces and make every new feature it's own individual download that you have to either rent or pay for, but that gets really cumbersome, really fast.

Mephisto939 · June 2017

Bouldercleave wrote: »

Skcarkden wrote: »

DMuehlhausen wrote: »

Skcarkden wrote: »

Of course it is, just as as crates are. They told us they would never do anything like RNG crates at the start just as they told us subscriptions would get all content, hell they made subbing optional because it would be a "buy once" thing. They lied on both accounts telling people "no, we won't do this, we will do that" knowing full well people will get into the game because of what they specifically promise. and then they go around and change their minds.

I'm just waiting for the moment to hear someone takes this further.

Well guess it's a good thing in the ToS it says they can make changes at any time...

I guess it's a good thing they can change the ToS to say you now owe them $10,000 at any time.

Perhaps i should just start a business tricking fools into agree to a ToS. threaten to take em to court if they don't pay since it seems like virtually everyone believes EULAs/ToS's are ironclad and absolutely 100% fully protected and enforced by the legal system.

You did not seriously just use this as an argument, did you?

There are limitations to what they can legally incorporate into an EULA - and I'm pretty sure they made sure that they were covered under the proper laws. Do you not think that ZoS has a legal team that inspects the verbiage and terms before they present it to the world?

Jesus, examples like this make me realize just how naive that the world has become.

He was using hyperbole to get his point across. I am sure ZOS has lawyers that do their best to cover their backside. That doesn't mean that they would be any more successful than the thousands of companies that lose lawsuits every year.

Mephisto939 · June 2017

JamilaRaj wrote: »

Mephisto939 wrote: »

"Fleshreaper wrote:

Last time I checked Zenimax operated inside the United States of America, which at this time is still a free country. It's their software/game, it's their business to change their business model at ANY time to continue operating. If you the consumer do not like that, simple exercise your RIGHT to NOT purchase it. Things change every day, adapt and over come or go the way of the dodo and common sense.

So let me get this straight...Because ZOS is based in the US (the most litigious country in the world), they are somehow immune to contract law??????????????

No. They are immune because in the end, everyone will shut up and buy the fraking switch, chapter, or whatever they call it.
Even you. It is only a matter of time before you give in. You are weak. And helpless in face of ZOS's depredations. You must pay. Now. Go and pay!

Maybe, maybe not. I did cancel my sub yesterday, and truth be told I find the game less enjoyable since the changes.

Talon_Draconis · June 2017

Solariken wrote: »

Here's the thing. I have no issue whatsoever with the amount of money I pay for services and cosmetics. Hell, in some cases I would gladly pay more overall for the value I feel it brings.

However, I hate the marketing and pricing schemes of all of it. *HATE* IT. ZOS suits will eventually build every dirty sales trick into the business model that they can to suck every greasy penny out of the market they possibly can, alienating the core playerbase every step of the way. These clowns (marketing/management) are the scum of the earth but sadly they are one of the most integral pieces of any business. I only tolerate it because there is no real alternative.

Yes!

I_killed_Vivec · June 2017

Fleshreaper wrote: »

Mephisto939 wrote: »

I honestly doubt anything like a class action lawsuit will come from this, but if it did ZOS would be on pretty shaky ground. People saying they can change the EULA and do whatever they want are just plain wrong.

Incorrect! If they change the EULA and post it again, you once again have the OPTION to accept it or not.

Hmmm... not quite so straightforward, particularly if they have already taken your cash.

"You promised me a great game, you took my cash, you made me agree to the EULA before I could play it... I find it does not live up to your advertising promises..."

Of course it would cost too much to take them to court, which is precisely why they get away with it.

In fact many licence agreements wouldn't hold up in court, again, costs too much to find out.

Pathemavan · June 2017

Mephisto939 wrote: »

I honestly doubt anything like a class action lawsuit will come from this, but if it did ZOS would be on pretty shaky ground. People saying they can change the EULA and do whatever they want are just plain wrong.

Well, unless a local law is in place that limits what they can/cannot change, the EULA can be modified at any time. If modified, you'll be notified of the new EULA, and given the option to accept the changes (by continuing to play,) or not.

Here's the parts of the EULA that discuss modifications, governing law, and enforceability.

Section 11

"ZeniMax may replace this Agreement with new versions (each a "New EULA") over time as the Game and the law evolve. This Agreement will terminate immediately upon the introduction of a New EULA, and you will be given an opportunity to review the New EULA in accordance with the change provisions set out in the ZeniMax Terms of Service, which are incorporated into this Agreement by this reference and form a part of this Agreement as if such provisions were fully restated in this Agreement. New EULAs will not be applied retroactively. Your continued use of the Software and play of the Game after a modification of the EULA will be deemed as your acceptance of any modified terms."

Section 13

"For residents of North America, this Agreement and all Disputes (as defined in the Disputes Provision) shall be governed by the laws of the State of Maryland, USA, excluding its conflicts of laws rules and principles that would result in another State or country's laws applying to this Agreement or any Disputes.

If you reside outside of North America, then this Agreement and all Disputes shall be governed by the laws of England, excluding its conflicts-of-law rules and principles that would result in another State or country's laws applying to this Agreement or any Disputes."

Section 14

"Except as specifically provided in the Disputes Provision, if any part of this Agreement is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of such part, and the remaining portions of this Agreement shall remain in full force and effect."

Mephisto939 · June 2017

Pathemavan wrote: »

Mephisto939 wrote: »

I honestly doubt anything like a class action lawsuit will come from this, but if it did ZOS would be on pretty shaky ground. People saying they can change the EULA and do whatever they want are just plain wrong.

Well, unless a local law is in place that limits what they can/cannot change, the EULA can be modified at any time. If modified, you'll be notified of the new EULA, and given the option to accept the changes (by continuing to play,) or not.

Here's the parts of the EULA that discuss modifications, governing law, and enforceability.

Section 11

"ZeniMax may replace this Agreement with new versions (each a "New EULA") over time as the Game and the law evolve. This Agreement will terminate immediately upon the introduction of a New EULA, and you will be given an opportunity to review the New EULA in accordance with the change provisions set out in the ZeniMax Terms of Service, which are incorporated into this Agreement by this reference and form a part of this Agreement as if such provisions were fully restated in this Agreement. New EULAs will not be applied retroactively. Your continued use of the Software and play of the Game after a modification of the EULA will be deemed as your acceptance of any modified terms."

Section 13

"For residents of North America, this Agreement and all Disputes (as defined in the Disputes Provision) shall be governed by the laws of the State of Maryland, USA, excluding its conflicts of laws rules and principles that would result in another State or country's laws applying to this Agreement or any Disputes.

If you reside outside of North America, then this Agreement and all Disputes shall be governed by the laws of England, excluding its conflicts-of-law rules and principles that would result in another State or country's laws applying to this Agreement or any Disputes."

Section 14

"Except as specifically provided in the Disputes Provision, if any part of this Agreement is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of such part, and the remaining portions of this Agreement shall remain in full force and effect."

You have quoted me a section of the EULA saying they can change the EULA on a whim. Yes, in theory they obviously can. Whether or not it is legally binding and enforceable is another thing altogether.

ShedsHisTail · June 2017

Mephisto939 wrote: »

Pathemavan wrote: »

Mephisto939 wrote: »

I honestly doubt anything like a class action lawsuit will come from this, but if it did ZOS would be on pretty shaky ground. People saying they can change the EULA and do whatever they want are just plain wrong.

Well, unless a local law is in place that limits what they can/cannot change, the EULA can be modified at any time. If modified, you'll be notified of the new EULA, and given the option to accept the changes (by continuing to play,) or not.

Here's the parts of the EULA that discuss modifications, governing law, and enforceability.

Section 11

"ZeniMax may replace this Agreement with new versions (each a "New EULA") over time as the Game and the law evolve. This Agreement will terminate immediately upon the introduction of a New EULA, and you will be given an opportunity to review the New EULA in accordance with the change provisions set out in the ZeniMax Terms of Service, which are incorporated into this Agreement by this reference and form a part of this Agreement as if such provisions were fully restated in this Agreement. New EULAs will not be applied retroactively. Your continued use of the Software and play of the Game after a modification of the EULA will be deemed as your acceptance of any modified terms."

Section 13

"For residents of North America, this Agreement and all Disputes (as defined in the Disputes Provision) shall be governed by the laws of the State of Maryland, USA, excluding its conflicts of laws rules and principles that would result in another State or country's laws applying to this Agreement or any Disputes.

If you reside outside of North America, then this Agreement and all Disputes shall be governed by the laws of England, excluding its conflicts-of-law rules and principles that would result in another State or country's laws applying to this Agreement or any Disputes."

Section 14

"Except as specifically provided in the Disputes Provision, if any part of this Agreement is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of such part, and the remaining portions of this Agreement shall remain in full force and effect."

You have quoted me a section of the EULA saying they can change the EULA on a whim. Yes, in theory they obviously can. Whether or not it is legally binding and enforceable is another thing altogether.

The point being made is that, yes, they can change the EULA on a whim, but they -cannot- commit you to the new terms. You have to agree to the new terms.

Pathemavan · June 2017

Mephisto939 wrote: »

You have quoted me a section of the EULA saying they can change the EULA on a whim. Yes, in theory they obviously can. Whether or not it is legally binding and enforceable is another thing altogether.

Oh, very true. However, what change to the EULA in particular are you questioning the legality of?

*edit - In addition, the ESO+ description changed at some point between late December 2016 and February 1st 2017 to further cover themselves about the upcoming change. An email about the New Life Festival, (yeah, I know I need to clean out my email,) described ESO+ like this:

"...along with access to all available DLC game packs..."

BUT, the Morrowind announcement email changed the phrasing to the following (emphasis mine):

"...along with access to all DLC game packs available in the Crown Store..."

Cpt_Teemo · June 2017

Actually the crown crates are more considered bait and switch cause you don't know what your going to get out of it, you already know full well what you were obtaining in Morrowind and it was worth it to the majority of the population.