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EULA allows DE to sue players for actions taken if account is compromised.


(PSN)larsonsier

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It is important that all players read the Conduct and Indemnity sections of the EULA carefully.  Together these sections essentially gives DE the right to sue players for any actions taken by a bad actor in the event their account is compromised.  And a EULA is a legally enforceable agreement 

I opened a Support ticket almost a month ago and DE has not responded further to provide a direct yes or no answer to the following question: "Does this EULA grant DE the right to sue or charge me as an individual resulting from any qualifying action that occurred from my account in the event my account was compromised?"  The original response which was a deflection rather than an answer and was received in four hours.  There have been no further updates on the open ticket despite multiple requests and inquiries as to whether the ticket was still being worked. 

The EULA also exempts DE from any wrong doing from handling our data, including gross negligence.  This means your data could be intentionally leaked to a bad actor and anyone who accepted that EULA could be fiscally responsible if DE chooses to pursue it.   

I highly caution against accepting the EULA or playing the game until DE provides an answer accordingly.

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I wonder how long will this post stay here before it gets removed.

In any case, EULA issues like this are rather widespread and you have only two choices. Comply or #*!% off.

Your best option is to accept this S#&$ because it's everywhere and nobody with power to do anything about it cares or move away and live in the wilderness or something (which isn't allowed btw).

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Since OP was so unkind as to not provide what part of the EULA they're referring to I can only assume they're referring to the Indemnity clause:

Quote

INDEMNITY

"If someone sues us based on your breach of this EULA or your access or use of the Services, you agree to defend us or pay for our defense in that lawsuit."

You agree to indemnify (in other words, compensate for all and any losses incurred), pay the defense costs of, and hold the Company Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute a breach by you of this EULA. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement, based on any matter covered by this Section 20.

Which, if I'm understanding correctly, only means that if your account/actions result in a 3rd party filing a lawsuit against DE that you can be held liable for any resulting legal fees and/or serving for DE's defense.

Honestly I don't see how this is an issue as what would it even take for the average user, or even a malicious one, to cause someone else to file a lawsuit against DE?

 

If this isn't what OP is referring to then it'd be nice if they could elaborate in the slightest. Also I got no idea which section they're referring to in regards to DE"s handling of data.

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1 hour ago, (PSN)larsonsier said:

The EULA also exempts DE from any wrong doing from handling our data, including gross negligence.

Sounds like DE just wrote a bunch of fancy, meaningless words into their EULA that will be laughed out of any european court.

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Another Eula post, wouldn't surprise me of a YouTuber made a video about it for people to take such interest.

I'm going to guess that you're talking about what the other threads talked about which is if you somehow do something so bad that another company/individual sues DE for what you did then DE sues you for it, seems reasonable.

1 hour ago, trst said:

Honestly I don't see how this is an issue as what would it even take for the average user, or even a malicious one, to cause someone else to file a lawsuit against DE?

Yeah it's something the regular person neves has to worry about

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2 hours ago, (PSN)larsonsier said:

The EULA also exempts DE from any wrong doing from handling our data, including gross negligence.  This means your data could be intentionally leaked to a bad actor and anyone who accepted that EULA could be fiscally responsible if DE chooses to pursue it.   

Too bad you didn't provide the appropriate section for this. I assume you mean this:

Spoiler

LIMITATION OF LIABILITY

This section limits what you can recover from us in a dispute.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:

LOSS OF PROFITS,

LOST REVENUE,

LOST SAVINGS,

LOSS OF DATA, OR

ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,

ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SERVICES, EVEN IN THE EVENT OF ONE OF A COMPANY PARTY’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF THAT COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this EULA will prejudice such rights that you may have as a consumer of the Services.

If I read it correctly, this section limits how much you can get if you decide to sue DE for stuff like data leaks. And later it says it might not apply in some jurisdictions, so if you live in a country with strong consumer protection, this section might simply not apply.

Now, I'm not a lawyer, but if someone here is, feel free to correct me if I got it wrong.

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4 hours ago, (PSN)larsonsier said:

I highly caution against accepting the EULA or playing the game until DE provides an answer accordingly.

Watching people who don't understand how things work trying to instill fear into others because they don't understand how things work is both amusing and demoralizing. 

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2 hours ago, Zimzala said:

Watching people who don't understand how things work trying to instill fear into others because they don't understand how things work is both amusing and demoralizing. 

C'est la vie. Some funny man in a funny movie once said something about humans being panicky animals.

 

But I digress. Going to be locking this topic with two things to note...

  1. It's actually a great thing that players are reading the EULA. They should. Mostly because it will help cut down on things like angry 'You don't have the right to kick/ban/censor me for doing x, y or z!' posts (which, hey, makes our jobs as moderators easier), and
  2. The verbiage that this thread is trying to instill panic over isn't new to the EULA... and in the 10+ years of the game running, DE hasn't sued or litigated any players for having lost access to their accounts (or even those who share their accounts)... 

 

If you rescind your agreement to the EULA, I would strongly advise against continuing to play the game until you're willing to accept the contents of the EULA. Not because there's some spooky telepathic spidey-sense that lets moderators know when you refuse to agree with the EULA and it draws the banhammer down on you, but because the whole 'I'm a sovereign citizen/netizen/player and your laws and rules are illegitimate and I'm not subject to said rules or laws' defense is not a great look for you.

But hey, you do you.

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