"When the Beta goes live" is not a statement that you will get it the moment it goes live. Its saying you are not friends and family, you have to wait for the open beta to go live before receiving your invite. Second people should really understand the English language better, so they can understand the word "when".
Because those are two separate things. When you take the time to clarify that a certain clause is yet to be determined, you are both being clear, and vague. This is not complicated.
Well, are we talking about the non-binding ambiguous statements made at Blizzcon and in the advertising copy, or are we talking about the binding-and-not-ambiguous-at-all statements in the terms you explicitly read and agreed to?And we've already covered that, per contract law, ambiguity goes against the drafter... so now you're saying that we really do have a legal case?
Because the former are ambiguous, but irrelevant, and the latter, which are the actual contract where contract law would apply, aren't ambiguous in the least.
no matter how many times you say advertisement was different it was interpenetrated wrong...they said you get an opportunity to participate in the beta when it goes live...that tells me that at some point in beta i will be able to test it...never have they explicitly said everyone will have beta access as soon as beta goes live...idc what was implied because everyone can think different what was implied. Unless shit was stated explicitly and in writing dont assume shit
you know that saying "Don't assume things because it makes an Ass out of U and Me" well gz way to make blizz and community look like assess because you did not read ToS and just understood something that you thought was implied as a possibility and turned into fact and now claim false advertizing
They don't state any other date either, thus having engaged in nothing. What you make of it is nothing more than your own interpretation. Funny that you don't require clarifications to assume it's a "day 1" thing, but that you would require excessive clarification to state that it wouldn't be. Problem is, it works the other way around. It really does.
No, you simply interpret things in the way that suits you best, and believe it's reality.
Though I did buy the AP, I was fairly sure I wouldn't be in the first wave, since getting all the AP buyers in at once would be unreasonable. That said, Blizzard could have solved a lot of future complaints by removing the phrase "when Beta goes live." Just saying that the AP buyers would get access to Beta would have been enough to severely reduce complaints.
Blizzard isn't in the wrong in this matter, but a better choice of words could have helped them a lot.
"Get a guaranteed spot in the beta test for the next World of Warcraft expansion (at a time to be announced in the future)" does not mean "everyone gets beta access right away when beta goes live"....see that thing where it says (at a time to be announced in the future)...that means your access will be announced some time in the future...aka you will get beta access when we announce it not when you want it.
No, it's not.
"I'm going to buy a fridge tomorrow when the stores open" does not mean you'll be paying for it right at 9am sharp the very moment they unlock the doors. The store opening is a very specific point in time, but saying "when X happens" does not mean right at that moment. It COULD mean that, but it could also mean after that point. And because it could mean either, the statement wasn't misleading. If you thought it absolutely meant one specific thing, you read far too much into it.
"I'm looking forward to swimming in the lake when it warms up" does not mean you'll be checking the temperature daily so you can jump in the moment it's warm enough.
"I'd like to go dancing when I get over this cold" does not mean "OMG it's 8am and I feel better WE MUST GO DANCING RIGHT NOW".
The idea that "when X" only ever means "right at the moment of X" is just outright incorrect.
To say that the contract is not ambiguous at all is a false statement...
Is this one opportunity as in... I get to log in once (and once I log out, my opportunity is over)? Or for one day? Or for a very narrow window of time (as in having the ability to log into the beta if you try at exactly 05:45:00 GMT on Mar. 30, 2012) Or for the entire beta period? Ambiguous.one (1) opportunity to participate in the beta test for the next World of Warcraft expansion
What does "automatically" mean? If they are cherry-picking beta participants, that doesn't sound very automatic.(iii) flag the Account so that you will automatically receive an invite to the beta test for the next World of Warcraft expansion product.
LIMIT ONE FREE STANDARD EDITION OF THE DIABLO III PRODUCT AND ONE OPPORTUNITY TO PARTICIPATE IN THE BETA TEST FOR THE NEXT WORLD OF WARCRAFT EXPANSION PER BATTLE.NET ACCOUNT.Isn't this contradictory? If there's a limit of one per Battle.net account, how could they receive one for each World of Warcraft account? And if they mean that only the mount can be duplicated, the statement is still ambiguous.Eligible participants who have multiple World of Warcraft licenses associated with the participant’s Battle.net Account may participate in the offer for more than one of their World of Warcraft licenses and will receive one (1) Diablo III license that will be added to their Battle.net Account, one (1) opportunity to participate in the beta test for the next World of Warcraft expansion, and a World of Warcraft in-game mount for each World of Warcraft license that the participant has associated with their participation in the offer.
"75% Sale Tomorrow" Means that the store can have a sale for a period of 1 minute at 11:59 the next day. You are confusing being technically accurate with being misleading.
To push you analogy (tbh i hate analogies) - If someone pays for access to the store when it opens tomorrow and turn up at 9am, to be told they will be granted access in waves and will get in before the store closes, do you believe that is not misleading?
I agree with you in the sense that almost all legal documents are a bit ambiguous more so for people who read little to no other legal documents (after reading the Federal disabilities act, I understand wanting easy to read legal documents :P)
BUT this is obvious. You are ignoring the context. The first part is in reference to D3 and the beta invite and the other one is only referring to the mount, you get the mount on every WoW account but you only get D3 and the beta invite on the Bnet account. Multiple WoW accounts can be on the same Bnet account (I forget how many...5?)
I shall die here. Every inch of me shall perish. Every inch, but one. An inch. It is small and it is fragile and it is the only thing in the world worth having. We must never lose it or give it away. We must never let them take it from us.