Rejected emblem and missing plat.

[Kyronz]

The no refund policy sounds pretty sketchy.

[Kuestenjung]

3 hours ago, Niliam said:

The problem is that, when they refused OP's Emblem, they refused his service, thus no service provided.

The service is to check the emblem and then refuse or accept it and that´s what you are paying 200p for. So the service was done.

 

[rudman88]

2 hours ago, Niliam said:

You pay for the tuition fee, the teacher examining you paper is part of work you paid in the tuition fee.

In here, you pay for your emblem to be used, reviewing is the screening DE choose to implant.

If my child want to go to top notch private school, they have to be tested by the school; we don't pay anything until they passed her, then we pay the tuition fee.

Actually, a similar law just passed in Australia, it about the famous Pirate bay.

Copy right owners want the site to be blocked, and wants ISP, users, and pirate bay to pay for it.

But the court rules, copy right owners have to pay for the blockade, $50 per domain per ISP.

 

Also, rule means nothing in the face of Law. And it nice if they give a reason, but they don't have to.

You are just twisting the examples that you are using.

If you think you can win go and sue them.

I will tell you what happen :

1. You will 100% lose

Why ?

Contract Law

1. The plat paid are for them to review your emblem.

2. They already expressly told you that the plat paid is for them to review your emblem.

-> There is no way you can use the law to go against an expressly written contract

-> buy pressing and agree to pay for it you already agreed tot he contract

-> there is no stupid way that you can say DE force you to do it.

 

Copyright Law

1. Copyright law is only applied when that thing has copyright

-> DE does not use your design or whatever. They just dont allow you to use it in their program

2. You cant sue someone when there is no infringement of copyright as the other party dint even use a single thing of yours

3. This is applicable to the example you quote because piratebay etc are infringing the right of those who own the copyright by distributing the software.

 

Fraud

1.You cant say DE conned or doing a fraud at you

Why ?

A. Is written there that it is not refundable

B. It is subject to their review and approval

Whenever there is a written context, unless it is illegal / against the law is binding

 

 

 

 

 

 

[Tesseract7777]

3 hours ago, Niliam said:

 

I am not saying DE can't refuse OP's Emblem, ofcourse they can.

The problem is that, when they refused OP's Emblem, they refused his service, thus no service provided.

Then they can not take his money for not providing him service.

I ain't sure about the Law in USA, but in Australia, a service have to be provided, albeit very little.

You can pay a thousand dollars for a piece of rock, but that rock must be provided.

They did give him a service though. The service they promised in the contract was to look over his emblem and see if they approve of it. Someone from their team had to spend their time (labor, i.e. company money) in order to decide if it was allowed to be rejected or accepted.

That is why the money is not refunded -- because you already paid for a service that has already been rendered. Just because they didn't accept his emblem doesn't mean they "provided him no service". Providing him no service would be refusing to even look at/consider his emblem at all, and still keeping his platinum. 

In the contract, essentially, where OP read the terms and paid, he knew full well the service he was paying for was "review of his emblem" and that there are no refunds because that service has already been done whether it is accepted or rejected, and DE's people's time costs money. He paid for a service, which he agreed to in a contract. He got that service, he won't be getting his money back with any court of law in any country. 

Their is no breach of contract here. Service was provided in FULL. 

Edited April 13, 2017 by Tesseract7777

[(PSN)PeacefulHero7]

 this is it. thats my fault on not seeing about the plat wont make excuses.

Edited April 13, 2017 by (PS4)PeacefulHero7

[(XBOX)CannyJack]

Okay, so...did you receive the explanation of why the image was rejected? Because the icon you show is part of an Icon Set (or is identical to an image in that set) that is not in the public domain. License is required, and there may not be a license available for the kind of use this is. (of course, if you're the author of the icon set, then the rights you have to use images differ). 

My guess is that they did a reverse image lookup, checked out the licensing, and realized it wasn't open/free use. 

Edited April 13, 2017 by (XB1)CannyJack

[Carnage2K4]

4 hours ago, Niliam said:

They can charge, 200, or 2000, even 20,000. But when the service is not provided, they can not charge any, even 1. That is the Law, no forum rule, or company rule can over ride it.

I have to agree with some of the others here, you're just creating scenarios that favour your point of view and acting like they mean something, but this is not a shopping market, it's not a school... 

[(PSN)HarryMuff]

Looks a little close to a religious symbol to me, wouldn't surprise me if they were just playing safe as everyone gets offended by everything these days.

[Azlen]

It's likely a couple things. The religious symbol could be one aspect though I don't know if that's technically not allowed. But I just opened your image, and it's REQUIRED to be 128x128 file. Yours shows as 102 x 102. This is the most likely reason it was rejected.

The lesson? Read the rules :) 
"1. Clan Emblem must be a 128x128 .PNG file. No exceptions."

[CeePee]

2 hours ago, (PS4)PeacefulHero7 said:

 this is it. thats my fault on not seeing about the plat wont make excuses.

So you ripped an icon someone else made here: http://www.rw-designer.com/icon-detail/8564

They have licencing: http://www.rw-designer.com/licenses

I'd hazard a guess it's something to do with the "commercial" part of the licence. But they main point here is, you don't own that image, so you cannot use it as your emblem.

[Kaotyke]

17 hours ago, CeePee said:

So you ripped an icon someone else made here: http://www.rw-designer.com/icon-detail/8564

They have licencing: http://www.rw-designer.com/licenses

I'd hazard a guess it's something to do with the "commercial" part of the licence. But they main point here is, you don't own that image, so you cannot use it as your emblem.

And its a religious symbol too.

[schilds]

I'm not going to argue about what kind of service is being provided (is it the review, is it putting the emblem in game, etc) but contracts/EULA's do not override the law.

 

I've noticed some people seem to think companies can do whatever they like as long as they've gotten you to sign a contract that allows their action. That's completely incorrect. Ultimately, it doesn't matter whether DE makes you sign a clause, their clauses are subservient to the law, and it's the courts that will determine if DE's position has any merit in law. Though of course getting to that point might cost a lot of money and time.

 

The same argument comes up with "it's a beta and you agreed to it". DE can call it a beta all they like, they can call the review a "service" all they like (and I'm not arguing it isn't in this case) but guess what, if it goes that far, the courts will decide whether their definitions are correct or not.

Edited April 14, 2017 by schilds

[Loviam]

They are not taking your money. They are taking a premium ingame currency that can be obtained through without real life currency. They are breaking no laws by protecting their own servers through providing a penalty for said rejection. Especially if said penalty has no required real world connection.

[Ameijin-Grey]

*watches as people try to defend this scummy practice*

I can see the point of taking a portion of the plat so that people can't just keep spamming emblem. At the same time, taking all of it is scummy in my eyes. I believe taking 50 of that 200 plat away is fair. 

Edited April 14, 2017 by Ameijin-Grey

[(PSN)cjdreadful]

So if you paid for the plat you were given what you paid for. In game currency. Upon upload they have to right to reject for WHATEVER reason and not refund your plat. You agreed to it. Seems legal and pretty simple to understand to me.

"We review all submissions. If we approve your image, you will see your Clan Emblem implemented in the nearest hotfix or update. If we reject it, we explain to you in an email why your image was rejected. Your Platinum will not be refunded.

We will reject at our own discretion. Do not upload offensive and inappropriate images. Do not take the risk and upload questionable images."

[(PSN)cjdreadful]

...

Edited April 14, 2017 by (PS4)goodboxgonebad
Duplicate

[PsychicKitty]

The court would side with DE

As it is stated....the payment of the virtual cash platinum....to have them review your emblem was given.....and they will send an email explaining why it was rejected.

Those are the only things they have to do.

 

In addition you are dealing with a game currency.....it stopped being real money or worth anything when you decided to get it.

 

You cant spend platinum for groceries or other things...so they do not have to give it back or do anything....as it is not real money.

 

You money is used to allow you access to their game service to play a game......you don't own your character or the server or space or anything.

Just like you don't own the dishes or the silverware at a restaurant for the food you pay for.

You don't own the seat or movie or the floor of the movie theater you bought tickets for.

 

Some people on this thread....need to get their self entitlement examined.

With that steam case.....it was clear cut...steam promised something for cash that wasn't given....if the person had bought though virtual currency that could not be put back as cash and then bought something with it.....then they wouldn't have won the case at all....as virtual currency is not real money....you pay for it knowing full well its not worth anything...where real money is backed by the governments that make it....so since they have no sway on fiction or made up realities....then it means nothing to them....thus your virtual currency cant be effected by normal laws in the same way as real money transfers can be.

Hope that makes sense.....if you take law classes you would understand....its the same reason you cant use the money from a game box of monopoly to buy real things.....as its for the monopoly game.  You buy the property in monopoly from the person in front of you....and decide you don't want it.....they don't have to give your money back in monopoly....they can choose not to.....because its a virtual world and not the real one....instead they can just quit and leave.

.

 

Edited April 14, 2017 by PsychicKitty

[Tesseract7777]

1 hour ago, Ameijin-Grey said:

*watches as people try to defend this scummy practice*

I can see the point of taking a portion of the plat so that people can't just keep spamming emblem. At the same time, taking all of it is scummy in my eyes. I believe taking 50 of that 200 plat away is fair. 

I'm not here to argue whether the price is fair, I am just arguing with those who say that what DE did was illegal (it's not). They had a written contract that the OP and others who do the clan emblem process agree to/pay for, etc. 

Is 200 plat a fair price just for them to look at the emblem? Maybe not, but the practice itself is perfectly legal. 

[Ameijin-Grey]

11 minutes ago, Tesseract7777 said:

I'm not here to argue whether the price is fair, I am just arguing with those who say that what DE did was illegal (it's not). They had a written contract that the OP and others who do the clan emblem process agree to/pay for, etc. 

Is 200 plat a fair price just for them to look at the emblem? Maybe not, but the practice itself is perfectly legal. 

 

That's fair. They did say it in their terms of service, so it's technically not illegal. From my comment, I was poking at the moral side of things. 

[(PSN)PeacefulHero7]

On April 13, 2017 at 11:14 AM, (Xbox One)CannyJack said:

Okay, so...did you receive the explanation of why the image was rejected? Because the icon you show is part of an Icon Set (or is identical to an image in that set) that is not in the public domain. License is required, and there may not be a license available for the kind of use this is. (of course, if you're the author of the icon set, then the rights you have to use images differ). 

My guess is that they did a reverse image lookup, checked out the licensing, and realized it wasn't open/free use. 

 

[(PSN)PeacefulHero7]

No i didnt but that makes sense thank you 

[(PSN)PeacefulHero7]

 I didnt think of copyright thank you, as for religious symbol there is is hindu inspiration in warframe so it should not matter. Again thank you all for helping me understand. 

[(PSN)PeacefulHero7]

On April 13, 2017 at 1:03 PM, CeePee said:

So you ripped an icon someone else made here: http://www.rw-designer.com/icon-detail/8564

They have licencing: http://www.rw-designer.com/licenses

I'd hazard a guess it's something to do with the "commercial" part of the licence. But they main point here is, you don't own that image, so you cannot use it as your emblem.

Thank you ceepee didnt think of that. So use to the things of faith being a gift, Not as a means of gain or ownership. But ill submit  to it and work on something my self.

[HyokaChan]

On 14/04/2017 at 3:14 AM, Azlen said:

It's likely a couple things. The religious symbol could be one aspect though I don't know if that's technically not allowed. But I just opened your image, and it's REQUIRED to be 128x128 file. Yours shows as 102 x 102. This is the most likely reason it was rejected.

The lesson? Read the rules :) 
"1. Clan Emblem must be a 128x128 .PNG file. No exceptions."

Forget licensing, we got people with Sharingan and all those references to media series. I'm pretty sure it got rejected for being the wrong size.

[(PSN)PeacefulHero7]

Dont know no mail on it. shouldnt matter the faith because both the dropship and nova have hindu inspired skins. When i found it though it did say 128 by 128 .PNG and let me preview it after not allowing wrong sizes.