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Gaming Beast
Registered: 10/07/2006
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Re: The Nature of home : what people should have read... but skipped .

Jan 18, 2010

fuzzyclutter wrote:
" We give no warranty about the quality, functionality, availability, completeness, accuracy or performance of PlayStation®Home or any content and services available via PlayStation®Home. " We provide PlayStation®Home AS IS without any warranties and representations of any kind, whether expressed or implied, including but not limited to any warranties of merchantability or fitness for particular purpose, or non-infringement. We do not guarantee PlayStation®Home will always be available or error free. To the extent permitted by applicable law, we exclude all direct and indirect, special, consequential damages and liability, including liability for loss of data or unauthorised access to data and for damage caused to your software or hardware as a result of using or accessing PlayStation®Home. Your sole, exclusive remedy is to stop using PlayStation®Home and cease participation in PlayStation®Home. PlayStation®Home is in beta. From time to time during the beta we may modify PlayStation®Home and related content, services and software automatically and without notice. Modifications may cause loss of data or content and loss of function or utility. You hereby authorise us to make all such modifications and agree that, to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility. This is why Iam still having fun despite the flaws . I read the TOS completly and knew what i was getting myself into from the very beginning . Now you will have to excuse me , I have some beta testing to do , and have fun doing it at the same time .
And here is the main STIFF for Sony.. "to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility."
I paid for something, and by LAW they have to provide it...  I paid for something that was claimed to work... again it's not..  So.. they lose by that one line of text I copied...
But then again, we could all boycott HOME and just let it fail... 

 

Message Edited by SteveO1966 on 01-17-2010 10:22 PM
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I Only Post Everything
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Re: The Nature of home : what people should have read... but skipped .

Jan 18, 2010
ADAMPwns wrote "I'm not a lawyer, nor am I in school for law, but.. I'm pretty sure any, though it may depend on the case.  Particularly if we're paying for something we're not receiving.  "
Thats why sony pays their lawyers to write these things up . because they are aware of what they can and cannot do which is why " to the extent permitted by law " is printed . if however you find it practicle to pay a lawyer 600 dollars or more to get reimbursed 6.00 dollars is certainly a choice . and any prudent judge is going to ask " did you read the TOS and if so ... why did you click agree ? "
" As much as I would like for people to communicate and use their mics it will never happen. Party chat insured that. " - as stated in a xbox forum concerning with cross game chat ruining team oriented gaming..... becarefull what you wish for .
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Treasure Hunter
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Re: The Nature of home : what people should have read... but skipped .

Jan 18, 2010

ADAMPwns wrote:
The law is above their terms of service, sorry. 

^^ This...

 

 

You hereby authorise us to make all such modifications and agree that,to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility.

 

I have read the ToS prior to use and I knew what I was getting into. I enjoy Home and I am fully aware that such an application on a console is no easy task to maintain, test, and add content to. However, once you sell an item, you can not deny refund if the item is not functioning or non existent. If they allow such transactions to take place, they must provide a level of customer care that informs clients of an estimated time of repair. Either/or would be fine. But if a conversation goes as follows...

 

Customer support: "How can I help you?"

Client: "I purchased a virtual T-Shirt that never appeared in my inventory. I would like a refund."

Customer Support: "Sorry. I can not issue a refund for a virtual item."

Client: "OK. Can you tell me when it will be working again?"

Customer support" Sorry, we are not aware of the issue and can not provide you with an estimated time of repair."

Client: "So what can I do to fix this?"

Customer Support: "Contact a Home community Manager/Specialist or go to the official Playstation Forum and ask other clients what to do."

 

Sony has a big problem brewing. With so many Micro-transactions happening daily, they are just begging for an angry client to take legal action. Now, please don't mistake my post. I love Home and Sony. I happen to be a Sony enthusiast myself with no issues in Home. But, this is exactly why I am concerned. One angry client can bring very bad publicity to the Home application and can possibly end the application for all of us if that is what's decided by a court of law. 

 

I have a thread in the Home Support section of this forum which is collecting sign ins from users. Please make a post in there to sign in. I will use it in the future when contacting Sony to ask them to implement a section for Playstation Home with trained customer care representatives that can ease the concerns of paying customers in a timely fashion. 

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I Only Post Everything
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Re: The Nature of home : what people should have read... but skipped .

Jan 18, 2010
SteveO1966 wrote " And here is the main STIFF for Sony.. "to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility."I paid for something, and by LAW they have to provide it...  I paid for something that was claimed to work... again it's not..  So.. they lose by that one line of text I copied...But then again, we could all boycott HOME and just let it fail... 
ok well ... in the spirit of "put up , or shut up " . DO what your saying your going to do rather than talking about it put a retainer on a lawyer . and pony up with some action rather than trolloping around the place crying BOYCOTT !!! if you say your going to call your lawyer and do something about it . do it . because thus far its just been talk , talk , talk from you . if your that confident go right ahead . come back with the results . The terms is what it is . Now lets see some action on your part . oh by the way the terms does say that your only recourse is to not use it . so boycott away . meanwhile im going to use it as intended with the terms of use in mind . one word of advice TOS's do have a tendency to be wordy , but they are VERY important and legal teams arent paid alot of money to write something useless . so please update us about your legal tangle in the future .
" As much as I would like for people to communicate and use their mics it will never happen. Party chat insured that. " - as stated in a xbox forum concerning with cross game chat ruining team oriented gaming..... becarefull what you wish for .
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Survivor
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Re: The Nature of home : what people should have read... but skipped .

Jan 18, 2010

as far as I know, because it is a "beta", they are allowed to claim that they do not have to refund anything because it is a product under construction

 

 

in my opinion, however, the "beta" is only there as an excuse for why Home is in the shape it is in 

My Plats:

ps3 platinum trophy uncharted drakes fortuneps3 platinum trophy little big planetps3 platinum trophy killzone 2ps3Uncharted 2 PlatModern Warfare 2 Platinum TrophyAssassin's Creed 2Trine
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Wastelander
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Re: The Nature of home : what people should have read... but skipped .

Jan 18, 2010
Wow egging ppl on to get lawyers. Thats prolli not the best way to keep ur post up or have it taken seriously. I find it funny wen ppl run to the aid of sony & glorify it rathher then face the truth of a lacking & flawed service. Do u think so really cares about ur praise. They dnt even acknowledge the major mistakes in home. Sure home is fun & it has its moments but more often then not (lately) things have gone horribly wrong. Th waterfall terrece, the Irem square & its f13s, the wizards den. How can you sit there & defend a company that wouldnt bat an eyelash if u never logged onto home again or ne other game for that matter. Heathers thread was about the lack of communication between the company & its consumers. Urs is just an attempt @ sucking up & getting others to respond negatively so u could rant. Heathers post was a productive thread to bring home users together & spark discussion. Urs is a pathetic rant. Reciting the terms of service to tell ppl that there screwed & need to shut up is not productive @ all. At least heathers post was original
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Fender Bender
Registered: 03/08/2009
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Re: The Nature of home : what people should have read... but skipped .

Jan 18, 2010

fuzzyclutter wrote:
ADAMPwns wrote "I'm not a lawyer, nor am I in school for law, but.. I'm pretty sure any, though it may depend on the case.  Particularly if we're paying for something we're not receiving.  "
Thats why sony pays their lawyers to write these things up . because they are aware of what they can and cannot do which is why " to the extent permitted by law " is printed . if however you find it practicle to pay a lawyer 600 dollars or more to get reimbursed 6.00 dollars is certainly a choice . and any prudent judge is going to ask " did you read the TOS and if so ... why did you click agree ? "
You know what? Honestly, if I had enough money, I would make it a class action lawsuit. Not because I want return (there would be little anyways), but because I want some change. It's not just me that this affects. It's everyone, and not just the forum community. The forums here are just a small percentage of people, there are a lot of people who actively use Home and/or make purchases that do not use the forums. 

 

You see, unlike a lot of people here, I actually care about Home, and when I say I care I really mean that. If I didn't like Home I wouldn't spend hundreds of dollars there and purchase everything they throw at me. But the fact is, the management is terrible and shady at best. And I don't mean the community team, I mean every division of SCEA related to Home is terrible. We have absolutely no support, no contact with development, and the staff will not communicate with us. 

 

Hopefully, that's something that will change soon, but for now.. all we can do is direct what little voice we are allowed to have here, and hope, because really, there's nothing we can do other than that, that SCEA decides to either make some changes in their staff or improves the current staff.  Oh, and before anyone says anything.. look around you, we have a case, and if we don't.. well they'll have no trouble at all making one for us with their incompetence and neglect.  

 

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Wastelander
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Re: The Nature of home : what people should have read... but skipped .

Jan 18, 2010
*Tips her Stien* Here Here ADAM.
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I Only Post Everything
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Re: The Nature of home : what people should have read... But skipped .

Jan 18, 2010

LOL

 

It's almost like Home developers knew what piece of garbage they made before they released it to the public. It's like "we made a horrible game, lets make something up so we can protect ourselves from the inevitable complaints".



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Sackboy
Registered: 11/10/2009
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Re: The Nature of home : what people should have read... But skipped .

Jan 18, 2010
To those that don't know about TOSs being thrown out in court you should check out the legal history of Second Life.
Net neutrality is a lie. Stop acting like an idiot when you're online.
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