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Litigation in the making ?

Discussion in 'General Gameplay' started by crawlord, Jul 23, 2017.

  1. Plunge

    Plunge Cadern_180831091355734 Valkyrie 57 NA

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    Firstly here is a link to the current ToS for BDO; everything I quote is taken directly from them. All sentences in red are taken from the ToS.

    The violation of Articles 12.1.3. (Use of unauthorized programs), 12.1.4. (Use of Exploits), 12.1.5. (Threats to the provision of the Services), 12.1.7. (Modification of the Game Client), 12.1.8. (Selling Account(s) or item(s)), 12.1.9. (Violation of law) shall qualify as a Default under Article 17.3. (Termination for cause) and justify the permanent ban of any involved Account as well as any Account owned by the User and the immediate termination of the Agreement for cause by Kakao Games Europe.

    In their ToS Kakao list out the various punishments they will give out for breaking their in-game or forum rules, however as seen above the use of exploits will justify the permanent ban of any involved account. Justify doesn't mean that Kakao can choose to use another punishment, it merely means that they are allowed to permanently ban ANYONE who uses exploits.

    The next important part to look at is "qualify as a default". If a user exploits it means that they are breaking their agreement with Kakao and any break in agreement means that if the User is the Defaulting Party, Kakao Games Europe shall be entitled to (i) immediately stop providing all Services to the User. This phrase is more lax as it says that Kakao don't HAVE to stop providing services to the user, however the previous bit of the ToS shows that ANYONE who breaks the ToS shall be permanently banned.

    ***
    Kakao Games Europe shall ensure the proportionality of the sanction(s) in relation to the severity of the violation. Is the next bit to pay attention to, it shows that Kakao will ban people or punish them depending on the severity of their crime. We've already seen that according to their own ToS any use of exploits will warrant a permanent ban; no ifs or buts. However this bot of a ToS is another agreement that they have broken. BladeBoques had, supposedly, 50 million silver removed whilst the next amount seems to be 1 million silver. This means that Kakao have NOT shown proportionality and have shown favouritism to a streamer.

    This is proof that Kakao have broken their ToS by not only permanently banning ALL exploiters but by showing a streamer favourtism and not ensuring that proportionality is shown.

    ***
    What does this mean for the average user? Nothing really as their ToS are quite clear on liability. To the maximum extent permitted by applicable law, the liability of Kakao Games Europe is limited solely to the direct damage caused to the User by the fault of Kakao Games Europe, excluding any indirect damages. This means unless any DIRECT damage are caused by Kakao to you, you can claim any money back off them. Essentially if you can prove that running the game normally somehow caused your PC to melt or break then you are entitled to make a claim, otherwise you are entitled to nothing.

    Unless...

    The limitations and exclusions of liability mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of Kakao Games Europe or its managers (“own actions”). Meaning that you are entitled to make a claim for ANY damages (not just direct) if you can prove that Kakao internationally damaged you.

    I of course could be wrong, but this leads me to believe that by not following their own ToS, Kakao have broken the agreement with each user and are completely liable.

     

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