Don't think anyone has stated that a company TOS's supercede any form of LAW, they work in conjunction with the LAW and as such ALL company/establishments outline a TOS in order that if disputes are raised the LAW/Courts/Arbitration services have a quick job to do ... why do you think we're subjected to these everywhere you go/work so that entities cover themselves from the like.
The term of service is a legally binding document which you as a party of this agreement have recognised by creating an account and using said services.
You cannot then 'not recognise' the outlaying terms in the agreement without consequence on both fronts.
Dread_Viking wrote: »i want to ask all EU players to go to support and ask for Compensation for all the Down Time We are experiencing since this ihs not just a technical issue but a case of them trying to save money on the EU server hardware and service. i believe this is unacceptable behavior from a AAA Developer. i pay for my ESO+ i am a paying costumer and i demand to be treated like one
Dread_Viking wrote: »Schattenfluegel wrote: »You've signed all the ToS guys, it wont work.
if TOS is in Conflict with Local law then it doesn't matter
Sorry to say, you're wrong again.These Terms of Service contain a binding individual arbitration and class action waiver provision in Section 15 (Dispute Resolution, Arbitration and Class Action Waiver) that affects Your rights under these Terms of Service with respect to any Disputes (as defined below in Section 15) between You and ZeniMax, and requires You and ZeniMax to resolve Disputes in binding, individual arbitration, and not in court
StabbityDoom wrote: »Just because they don't HAVE to give you compensation doesn't mean they won't. It doesn't hurt to ask, since in the past they have extended contests since EU had downtime.
Excatly it doesn't hurt to ask, demanding it on the other hand won't work,
Throwing out random Laws / Abritration rulings without fully knowing how the system works seems a little desperate.
YOU (the user) have agreed to the TOS, it's purely down to ZOS whether they are feeling charitable enough to compensate the community. They don't have to ofc but one would hope they would.
anitajoneb17_ESO wrote: »Don't think anyone has stated that a company TOS's supercede any form of LAW, they work in conjunction with the LAW and as such ALL company/establishments outline a TOS in order that if disputes are raised the LAW/Courts/Arbitration services have a quick job to do ... why do you think we're subjected to these everywhere you go/work so that entities cover themselves from the like.
The term of service is a legally binding document which you as a party of this agreement have recognised by creating an account and using said services.
You cannot then 'not recognise' the outlaying terms in the agreement without consequence on both fronts.
Most of the TOS, EULA and all this stuff we sign all the time is done purely as an intimidation process.
They are only binding AS LONG AS they're not contradicting the law, but completing it.
Say you buy a tech thing and the TOS says "opening the case of the item by yourself voids the warranty" is generally valid and legally binding. (provided the law doesn't say otherwise). But if the TOS says "you agree to never get a refund even if the item doesn't work as it's meant to work", that is not legally binding in any way and people who do not get intimidated by TOS and make the effort to act usually get refunded ASAP - by merely threatening to sue.
I'm not sure ZOS in currently in the objective situation to not provide the service as it's meant to work. Reasonably small downtimes are part of regular service and would probably not be considered a major failure calling for reimbursement. The real threat is more a matter of image and reputation. But ESO's server performance has been known and largely commented everywhere for YEARS and that hasn't prevented crowds of players from staying and joining the game.
Therefore showing patience is the only thing we can really do.
redgreensunset wrote: »Dread_Viking wrote: »
This right here. EU law does not in general recognize a ToS as a valid, legal agreement because most of them are too vaguely worded to be considered legally binding here. So technically we could drag them to court and probably win.
Don't think anyone has stated that a company TOS's supercede any form of LAW, they work in conjunction with the LAW and as such ALL company/establishments outline a TOS in order that if disputes are raised the LAW/Courts/Arbitration services have a quick job to do ... why do you think we're subjected to these everywhere you go/work so that entities cover themselves from the like.
The term of service is a legally binding document which you as a party of this agreement have recognised by creating an account and using said services.
You cannot then 'not recognise' the outlaying terms in the agreement without consequence on both fronts.
Hence why the above outlined quotes, reserve them from being held accountable for any disruption in service, only if your locale sits outside the arbitration sanctions outlined in the TOS will you have a leg to stand on.
Cirantille wrote: »
Every sensible company would compensate after such terrible service they provided.
StabbityDoom wrote: »Just because they don't HAVE to give you compensation doesn't mean they won't. It doesn't hurt to ask, since in the past they have extended contests since EU had downtime.
Excatly it doesn't hurt to ask, demanding it on the other hand won't work,
Throwing out random Laws / Abritration rulings without fully knowing how the system works seems a little desperate.
YOU (the user) have agreed to the TOS, it's purely down to ZOS whether they are feeling charitable enough to compensate the community. They don't have to ofc but one would hope they would.
NOT in EU ffs... Why isn't anyone understanding that companies' TOS has no power over customers here in EU if it doesn't fully comply with our laws. LOL.
It's sad as hell to see Americans live in a world where they can't do anything just because of some company's twisted terms of service.
In an extreme example....You could basically do anything over there, no doubt even things that conflict with human rights as a company and never face consequences if the service you provided was more desired than the risk provided with it. As long as people agree its 100% okay! Jesus christ...
Dread_Viking wrote: »i want to ask all EU players to go to support and ask for Compensation for all the Down Time We are experiencing since this ihs not just a technical issue but a case of them trying to save money on the EU server hardware and service. i believe this is unacceptable behavior from a AAA Developer. i pay for my ESO+ i am a paying costumer and i demand to be treated like one
Dread_Viking wrote: »
p_tsakirisb16_ESO wrote: »Dread_Viking wrote: »
Hahaha. When you select the country you are in, it displays EULA based on the laws of that country.



Won’t happen. It’s in the terms and conditions that you agree to that they won’t compensate for things like this.
NeillMcAttack wrote: »
Schattenfluegel wrote: »You've signed all the ToS guys, it wont work.
Lady_Linux wrote: »redgreensunset wrote: »Dread_Viking wrote: »
This right here. EU law does not in general recognize a ToS as a valid, legal agreement because most of them are too vaguely worded to be considered legally binding here. So technically we could drag them to court and probably win.
So do it.
xenowarrior92eb17_ESO wrote: »before coming here to rage, perhaps "customers" should read what they agreed and signed when they bought the game and subscribed...like TOS and EULA.