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Sueing Neopets/Viacom


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#1 Insanity

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Posted 13 January 2010 - 06:36 PM

So I've been reading various articles that people have made about getting unfairly frozen on Neopets.com
One of these articles contained a comment that someone made saying that they have a powerful attorney and that he isn't afraid to use him.
My question is this... do we actually have any legal standing to sue Neopets/Viacom for an unfair freezing?
I mean technically we're just guests on their site and everything, so I wouldn't think that we do.
Just throwing the subject out there for any disguised neocodex lawyer out there.

#2 Elindoril

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Posted 13 January 2010 - 06:38 PM

I have no strong knowledge on the subject, but the thought of suing Viacom over virtual currency is laughable at most, I would only see it having a chance if they had Premium and continued to get billed for it even after their account was frozen.

#3 Noitidart

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Posted 13 January 2010 - 06:42 PM

Yea lol what elin said about premium. You can't sue them lol.

#4 Insanity

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Posted 13 January 2010 - 06:45 PM

On regards to premium accounts:
I've actually read something on Premium account users suing Viacom to get their money back after being frozen. It's usually those with the year long subscription that take Viacom to court so they can get their $60-ish dollars back.

#5 Sweeney

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Posted 13 January 2010 - 06:46 PM

They still own everything, so they can do what they like with it.

We effectively have no rights at all.

#6 Joanna

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Posted 13 January 2010 - 06:49 PM

What about if you spend NeoCash.??. Like, You purchased items for the account so If they freeze you... you loose those items..... It is in essence you loosing your money and not being able to get it back. Especially if TNT refuses to give you proof of your "illegit" actions.

Im just wondering.

#7 Sweeney

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Posted 13 January 2010 - 06:51 PM

What about if you spend NeoCash.??. Like, You purchased items for the account so If they freeze you... you loose those items..... It is in essence you loosing your money and not being able to get it back. Especially if TNT refuses to give you proof of your "illegit" actions.

Im just wondering.

You still don't own anything. You're paying for the service, which is outlined in the TOS, and which they cannot fail to provide, because the TOS is written specifically so that they can't.

#8 unworthy

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Posted 13 January 2010 - 06:55 PM

it is like going into a bar and paying 10 bucks cover to get in. then getting in a fight, getting kicked out, and going to court to get your 10 bucks back.

#9 Insanity

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Posted 13 January 2010 - 07:00 PM

it is like going into a bar and paying 10 bucks cover to get in. then getting in a fight, getting kicked out, and going to court to get your 10 bucks back.

In that case I'd probably sue the person that I got in a fight with for assault or something.

#10 unworthy

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Posted 13 January 2010 - 07:02 PM

In that case I'd probably sue the person that I got in a fight with for assault or something.


I guess I meant starting a fight and then getting kicked out. Since if you are doing any of the dozens of things that can get you frozen. Not to mention some kids will take the whole "i'm innocent" thing to their grave even when they are not. And stupid parents(ones that would try and sue viacom) would believe their stupid children.

Also I made the assumption that if you are at a bar and starting fights you are probably drinking and if you are drunk you have no rights whatsoever.

#11 Sweeney

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Posted 13 January 2010 - 07:04 PM

if you are drunk you have no rights whatsoever.

lolwut?

#12 unworthy

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Posted 13 January 2010 - 07:06 PM

well I don't know how it is in the states but over here if your drunk you cannot really prove anything. I've known people who got beat up or in a drunken fight with other drunk people and they were not able to press any charges. A drunk guy got paralyzed by a bouncer and couldn't even do anything about it.

#13 iargue

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Posted 13 January 2010 - 07:10 PM

In America. You can sue all you want. Doesnt mean that you can win.

Of course, if you documented every second of your game play, and spent money on neocash items, you could easily sue for the grief they caused you (Or your young daughter) when they unfairly terminated your service. Since in america, you are forced to serve everyone :p

#14 unworthy

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Posted 13 January 2010 - 07:16 PM

well if you want to try and sue them take a look at this haha.

MISCELLANEOUS
You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain Neopoints or Items from any Neopets game. You agree not to design, disseminate or use any third party programs designed to change the game play on the site including, but without limitations, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to Neopets. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on Neopets, you will pay Neopets, Inc. liquidated damages in the sum of Fifty Thousand Dollars for each such program as liquidated damages. You agree that if you use such a program on the neopets.com website, you will pay Neopets, Inc. liquidated damages in the sum of Five Hundred Dollars for each time you use a program.

DENIAL OF ACCESS
Neopets, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the neopets.com site.

but then again

""NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NEOPETS HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.""

so it might be possible to get your money back.

Edited by unworthy, 13 January 2010 - 07:20 PM.


#15 Joanna

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Posted 13 January 2010 - 07:22 PM

well if you want to try and sue them take a look at this haha.

MISCELLANEOUS
You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain Neopoints or Items from any Neopets game. You agree not to design, disseminate or use any third party programs designed to change the game play on the site including, but without limitations, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to Neopets. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on Neopets, you will pay Neopets, Inc. liquidated damages in the sum of Fifty Thousand Dollars for each such program as liquidated damages. You agree that if you use such a program on the neopets.com website, you will pay Neopets, Inc. liquidated damages in the sum of Five Hundred Dollars for each time you use a program.

DENIAL OF ACCESS
Neopets, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the neopets.com site.

but then again

""NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NEOPETS HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.""

so it might be possible to get your money back.





^^^ WOW





But what if they fail to provide proof? And you are unfairly frozen?



#16 unworthy

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Posted 13 January 2010 - 07:27 PM

heck if I know. It is all speculation for the time being. I guess I should not say that it is impossible because that lady who sued mcdonalds for spilling coffee on her or that other chick who sued mcdonalds because she was dumb and left her porn phone in the restaurant got naked photos of herself put on the net. I guess as viacom becomes bigger, well i guess as neopets gets bigger. More people will start suing them and eventually win.

#17 luvsmyncis

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Posted 13 January 2010 - 07:29 PM

But what if they fail to provide proof? And you are unfairly frozen?


DENIAL OF ACCESS
Neopets, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the neopets.com site.


Tough shit for you, basically.

I think suing anyone over getting kicked off a GAME they provide you for free is drool-on-yourself retarded.

And if you actually spend money on neopets, that's your own risk. I spent like $10 on a battery opperated Mynci toy years ago. The toy was really annoying, and now I'll never get my $10 back. Even if I claimed it caused me emotional stress, who even gives a shit. Life goes on.

#18 Joanna

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Posted 13 January 2010 - 08:00 PM

DENIAL OF ACCESS
Neopets, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the neopets.com site.


Tough shit for you, basically.

I think suing anyone over getting kicked off a GAME they provide you for free is drool-on-yourself retarded.

And if you actually spend money on neopets, that's your own risk. I spent like $10 on a battery opperated Mynci toy years ago. The toy was really annoying, and now I'll never get my $10 back. Even if I claimed it caused me emotional stress, who even gives a shit. Life goes on.




Truth. Uggh. Neopets fucks us all over.... they make an addicting game... and then tear it away from us which only makes us want it more.



#19 bigtymerz05

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Posted 13 January 2010 - 08:21 PM

CRAZY HAHA!

#20 Frank274

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Posted 13 January 2010 - 08:58 PM

I don't wanna pay 500 bucks for using a program. WTF.

#21 unworthy

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Posted 13 January 2010 - 09:02 PM

they cannot necessarily enforce that law for real. I'm sure if you live in california then maybe you should worry :p

if you can get a way higher fine for copying or downloading a movie on the web yet nobody really gets punished then I doubt using a prog on a children's game when it does not really affect it whatsoever(slight exageration) will get you fined. More of a scare tactic!!

#22 Frank274

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Posted 13 January 2010 - 09:06 PM

they cannot necessarily enforce that law for real. I'm sure if you live in california then maybe you should worry :p

if you can get a way higher fine for copying or downloading a movie on the web yet nobody really gets punished then I doubt using a prog on a children's game when it does not really affect it whatsoever(slight exageration) will get you fined. More of a scare tactic!!



Neopets was created for college students, by college students. ;)

And ya, I know. I was just saying. 500 is kinda... outrageous.

#23 unworthy

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Posted 13 January 2010 - 09:19 PM

hah yeah It is pretty crazy that they have those numbers like 50k and 500 dollars depending on if you make or use programs. Where did they think that by using a bot got 10 minutes you caused 500 dollars damage to their company. I'm sure that the fact that some people have a harder time restocking in common shops does not mean that they will really lose any money at all. since NC has no neopoint implication or value(since you "cannot" trade them for neopoints) then how many neopoints users have or can have really should have no effect on their nc sales.

I am sure that people do not quit just because other players use programs and I am sure that the use of Ad-Block plus(which is allowed) ruins their revenu way more then autobuyers. Now a user shop autobuyer I could understand a bit more since it ruins it for people who buy premium for the ssw but really.

I also find it odd that the page I was viewing, their terms of agreement or whatever has not been updated since 2007. Very old and unprofessional for a company especially when so much has changed in the past 3 years.



#24 kazooga1234

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Posted 06 September 2020 - 08:10 PM

I know this is an old blog. The thing is neopets got worse. There is a right to sue especially for people who started to pay in actual money. They are also Viacom some people who went to Vidcon also get an extra lawsuit for them being fine with the 4th amendment being broken. I think for things Facebook got in trouble for Neopets might be able to be in trouble for some of the same things. I think they have a trading post set up to ban people. It has a fish negg in it. I think that might make it so they either need to shut down their website at least. They are either saying they don't want this website around any more or make it so most people are banned from it. The thing is how to figure out other things like are they discriminating against a certain age group or something like that Let's say the majority of people banned started their account when they were younger. Wrongfully banned when they got a bit older. That might be seen as ageist and could pretentiously get them into trouble. Usually damages need to be found but for the people who paid for the account and then a few days later it got banned and maybe because of their age that is illegal. It also goes under stealing. I made a new account to try to figure out why I was banned nothing from neopets. That is partly why I am thinking ageist. I don't know the ages of other people who are on this site and who the majority of people banned might be. There needs to be a basis to these lawsuits. I went to Vidcon so I also get to sue them for tracking me.



#25 n30

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Posted 12 September 2020 - 04:16 PM

Reviving a ten year old thread, your skills of necromancy are impresssive!

 

As far as a first post goes, I have to commend you for going all out with some interesting neopets conspiracies




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