How is everyone okay with this?

[pizz]

the main problem here isn't the contract.. it's the fact that the CEO of the company used words that were so vague that you can interpret it as day 1. Playing a game a schematics which many of you are all doing is not a good thing. Telling others 'read the contract it's stated in there' i'm sorry but bottom line is this. A contract can state 'by signing this agreement said company owns your soul'. For which any court will not allow said company to enforce said ownership. In this case, blizzard was caught with it's pants down, by changing it's advertisement of it's AP days before the beta going live with it's language as it says 'in waves' from going 'live'. Do i think it's a big deal no, but for some it is because it was the mere reason they signed up for the AP. This is another bad PR move because by using vague language and having the CEO of the company using the term 'going live' meant in their minds day 1.


Also having opt-ins and 'youtube and streamer celebs' getting access over majority of APers is a slap in the face of APers in my humble opinion.

[Abandon]

Are you being serious here? How does "When the beta goes live" not lead customers to believe that access with be granted at launch?

There's about 40 pages already going over what the word "when" means, please don't bring it up again, just go back and read it.

[Deleted]

Contract is contract, however advertisement is also legally binding.
http://en.wikipedia.org/wiki/False_advertising

Only that you know, they haven't broken any promises made in the advertisement.
Or is the beta over already and you didn't get your invite? Or did you not get your sparkle pony? Or has May 15th been and you're not eligible for D3?

[Relentless]

An honest question to those arguing that everything is fine because the contract was not violated and that is what matters:

Why doesn't Blizzard come out and say something like this?

Why remain silent instead of making a simple announcement like the following to quell the QQers?

"We understand that many of you who signed up for the Annual Pass are less than pleased with the handling of the Mists of Pandaria beta. Please accept our apologies for any misinterpretations that have arisen due to any advertisements. The terms of the contract have not been altered at any time and it was never our intention to deceive you. Thank you for your understanding and we look forward to your participation as we prepare for the next chapter of the World of Warcraft."

Because that would provoke thousands more QQers like yourself that were unaware that this was even a complaint for people who assumed immediate access based on the ambiguous advertisement. If you're not in the legal wrong and you've made the correction to your ad, most companies, apparently Blizzard included, will just gloss past the issue.

Would the nice thing to do be to acknowledge they changed the ad to clarify it but that the contract has always been correct? Sure. Will it happen? Probably not, for the reasons I just listed.

If you're still arguing at this point, you either simply like to debate based on faulty logic and semantics because you can't stand to lose an argument, even one that's already obviously been lost, or you're trolling. People have explained things clearly. If you don't like the explanation or you're still upset at Blizzard's handling of the ad situation, fine. Just say that. There's no argument against "Well, this makes me mad," because emotions don't require a logical basis.

Otherwise, please just stop already. You're basically wasting internet bandwidth that could be used for better things like Netflix and Viagra spam.

[potaco]

The agreement was very specifically clear (or more accurately, deliberately vague)

How can something be "very specifically clear" while being "deliberately vague"?

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?

[Serenais]

Lore from Tankspot said it well. There's one MILLION Annual Passes out there. That's one tenth of the WoW playerbase. Do count how many realms/servers are active. Before AP, they never had a PTR that would immediatelly encompass that many people, not by a longshot. They would have to set up a LOT of new servers that they would have to discard after beta again and most likely not use after that, unless MoP sees a BIG ressurgence of player numbers. I also believe that they did very much not expect this many AP to go through, otherwise beta access would simply not be offered (that being, of course, my speculation). Lore also stated that it's likely that all people who have AP will be let in eventually, and I think he's right.
So. Wait it out. You'll get your chance.

[marthsk]

the main problem here isn't the contract.. it's the fact that the CEO of the company used words that were so vague that you can interpret it as day 1.

That's why you ask for clarifications. If you identify those spoken terms to be vague, it is your responsibility to seek answers.

[Deleted]

There's about 40pages already going over what the word "when" means, please don't bring it up again, just go back and read it.

The fact that there are 40 pages just indicates that it is misleading. Blizzard did a bad job of providing clarification.

[Abandon]

The fact that there are 40 pages just indicates that it is misleading. Blizzard did a bad job of providing clarification.

And considering about 39 of those pages are people just bringing up the exact same thing that they just finished explaining because they couldn't be bothered reading the thread (as you did above), no, not really.

[Dublock]

Customer good-will goes a long way, too. Blizzard has shown themselves to be a respectable company that cares about what their customers think. Look at the statement made regarding their recent layoffs... If they were so worried about people looking down on them for laying off people in the first place, they clearly made it even more visible by bringing it to everyone's attention. Did they have to respond to that issue? No, but they chose to as a way to show that they aren't out for blood.

Customer good-will is very important I agree. But now the issue has died down some. If they went ahead and issued such statement now then they admit that some degree that they were at fault for the wording/confusion and that this issue has new life. I am sure that they view this as a dying matter. If people kept up the furry and even garnered some more attention then they would.

Look at ME3 ending mess, even if you have no interest in the game or Bioware, they issued a statement about an ending DLC, after it was in national media attention (CNN, Yahoo, BBC world news, etc) and if you read their statement carefully, they never really said they are at fault. That issue is a lot more welknown and made an impact (price cut of ME3) then the whole beta of AP.

[marthsk]

The fact that there are 40 pages just indicates that it is misleading. Blizzard did a bad job of providing clarification.

All it indicates is that there are two groups of people sticking to their guns. It says nothing about the item being clear or not. That would be, instead, your own interpretation of why this thread is so long.

[Stede]

I'm willing to bet that by the time the beta is over and everyone made it in and took their screenshots to show off to their friends on facebook, that everyone in this thread will have stfu. That this thread is 114 pages long is a testment to how whiny and bitchy some gamers can get.

If you're honestly that fucking upset about this today, then brace yourself, kids - you're gonna have a rough life.

[Endus]

Are you being serious here? How does "When the beta goes live" not lead customers to believe that access with be granted at launch?

Because "when the beta goes live" does not mean "on day 1 of the beta launch", for one.

For two, because the terms of use that you read and agreed to overrule anything else that might have been said. A very obvious reason for why this is, is that contracts can be amended. If your bank advertised a credit card with a 15% interest rate, and you came in and wanted the card, but with a 16% interest rate, the bank would almost certainly say "sure". They would amend the contract, and you'd sign it, and get your card. And you would have absolutely zero grounds to sue the bank for your card charging 16% interest despite the advertisement clearly saying "15%", since the contract you signed clearly says "16%".

[Finnio]

First of all even tho this is only a game , signing a contract where you have to agree upon sign that the company responsible for producing the said contract can change it at its leisure is utterly insane , and frankly if this wasn't such a trivial thing as an online game nobody in his right mind would ever sign such a type of contract.

Second the expectation that a million people would get into beta its not realistic, even by the end of the beta if 10% of the people that got the AP would get entry i would find it surprising good, considering the amount of servers dedicated for beta.

And last , while the company is protected by the contract, and people have been signing it since day one of wow because everyone views at a game only and it is making it a trivial thing and we sign it automatically , fact remains Blizzard did make false advertising in its desperation to hold onto subs and promised something they cant deliver . 10 milion players is still a huge number of subscriptions but this business its also a lot about perception , if they would have dropped below that it would have been very bad for shareholders .

[Deleted]

And considering about 39 of those pages are people just bringing up the exact same thing that they just finished explaining because they couldn't be bothered reading the thread (as you did above), no, not really.

Probably because people are just arguing the legality of what Blizzard did. The T+Cs override the ad, but that doesn't change the poor ethics and customer support that have been shown.

[razski]

http://eu.battle.net/wow/en/blog/3170106 - Nowhere on there says immediate access. (Note the date of the post.)

http://us.battle.net/wow/en/blog/376...ree-10_21_2011 <-- Exactly the same (note the date).

And now for a copy/paste of the ORIGINAL ToU..

Offer void where prohibited or restricted by law. You must register, or have previously registered a Battle.net account with Blizzard Entertainment (“Account”), and have provide Blizzard with a valid credit card which can be used by you to purchase World of Warcraft subscription game time on a recurring basis to participate in this offer. Participants who qualify for and take advantage of this offer will receive one (1) license to download a standard edition version of Diablo® III for free from Blizzard Entertainment, one (1) “Tyrael’s Charger” World of Warcraft in-game mount, and one (1) opportunity to participate in the beta test for the next World of Warcraft expansion, subject to the terms and conditions of this offer. In order to take advantage of this offer, you must: (i) be a resident of the United States of America, Canada, Australia, New Zealand or Singapore; (ii) be of the age of majority in your country of residence on or before 10/18/2011; (iii) have registered a World of Warcraft Account with Blizzard Entertainment, or have added a World of Warcraft license to a Battle.net Account which you registered with Blizzard Entertainment on or before 10/18/2011; (iv) not have any chargebacks initiated by you against payments made on the Account or any World of Warcraft account registered with Blizzard; (v) agree to maintain a fully paid up, World of Warcraft license that is in good standing with Blizzard Entertainment, Inc., or its authorized licensees for a twelve (12) month period beginning on the day that you sign up for the offer (the “Twelve Month Commitment”).

Note that any subscription game time currently existing on your Account as of the day you sign up for the offer will be credited towards the Twelve Month Commitment, and any World of Warcraft subscription game time purchased and redeemed, earned through promotions, or otherwise provided to you by Blizzard Entertainment, Inc., and/or its affiliates, during the Twelve Month Commitment, will be credited towards the Account and the remaining balance of your Twelve Month Commitment. Should you obtain a Diablo III Collector’s Edition version of Diablo III and add the license to the Account, four (4) months of World of Warcraft Game Time will be added to the Account. If your World of Warcraft subscription lapses during the Twelve Month Commitment, or if you fail to make any required payments or timely payments, Blizzard reserves the right to terminate your participation in this offer in addition to any and all other remedies that may be available to Blizzard at law. 25 year game time cards issued to employees of Blizzard Entertainment may not be used to meet the commitment required by this offer.

Provided that you fulfill the requirements stated herein, Blizzard Entertainment will: (i) Upon the release of World of Warcraft Patch 4.3.0 to the public North American World of Warcraft servers, add a Tyrael’s Charger mount to your Account; (ii) upon the retail launch of Diablo III, add a standard edition Diablo III retail license to your Account, where you may download a standard edition version of Diablo III that corresponds with your country settings; and (iii) flag the Account so that you will automatically receive an invite to the beta test for the next World of Warcraft expansion product.
Minimum purchase amount necessary to qualify for the DIABLO III OFFER does not include tax. No adjustments will be made on prior sales. Blizzard Entertainment accepts no responsibility for registrations which, due to a technical error or any other reason, are not delivered or which are delayed. 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. 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. No substitutions or cash equivalents. Offer subject to change without notice. No delay or omission by Blizzard Entertainment in exercising or enforcing any right or remedy contained in this offer shall operate as a waiver thereof or of any other legal right or remedy available to Blizzard Entertainment. This offer is only valid through the Battle.net online gaming platform, located at www.battle.net.

Terms and conditions you SIGNED upon entering the Annual Pass.

NOWHERE does it say immediate access. Stop the bitching and live with it.

Can we PLEASE stop discussing this stupid issue? Entitled children acting like spoiled brats thinking they have a legal standpoint.

[marthsk]

Are you being serious here? How does "When the beta goes live" not lead customers to believe that access with be granted at launch?

Where does it state "at launch"?
Are you implying that the beta is not live past its launch?

[ringthree]

You don't need to apologise. You also don't need to assume emotions for me.

You should read that again. I am not apologizing to you or anyone, except to try to excuse your ignorance (note the word "not" before the word "misleading"). It was a statement of pity about your lack of understanding. You may not be angry, but your interpretation is nothing more than self-centered whining because you are ignoring simple facts about the situation to maintain an untenable position.

I don't need to assume emotions for you. You are doing a fine job of displaying them on your own.

[Abandon]

http://eu.battle.net/wow/en/blog/3170106 - Nowhere on there says immediate access. (Note the date of the post.)

http://us.battle.net/wow/en/blog/376...ree-10_21_2011 <-- Exactly the same (note the date).

And now for a copy/paste of the ORIGINAL ToU..




Terms and conditions you SIGNED upon entering the Annual Pass.

NOWHERE does it say immediate access. Stop the bitching and live with it.

Can we PLEASE stop discussing this stupid issue? Entitled children acting like spoiled brats thinking they have a legal standpoint.

I didn't read your post or that thing you quoted, but it says I will get instant access to the Beta right? Here's my money.

[razski]

http://eu.battle.net/wow/en/blog/3170106 - Nowhere on there says immediate access. (Note the date of the post.)

http://us.battle.net/wow/en/blog/376...ree-10_21_2011 <-- Exactly the same (note the date).

And now for a copy/paste of the ORIGINAL ToU..

Offer void where prohibited or restricted by law. You must register, or have previously registered a Battle.net account with Blizzard Entertainment (“Account”), and have provide Blizzard with a valid credit card which can be used by you to purchase World of Warcraft subscription game time on a recurring basis to participate in this offer. Participants who qualify for and take advantage of this offer will receive one (1) license to download a standard edition version of Diablo® III for free from Blizzard Entertainment, one (1) “Tyrael’s Charger” World of Warcraft in-game mount, and one (1) opportunity to participate in the beta test for the next World of Warcraft expansion, subject to the terms and conditions of this offer. In order to take advantage of this offer, you must: (i) be a resident of the United States of America, Canada, Australia, New Zealand or Singapore; (ii) be of the age of majority in your country of residence on or before 10/18/2011; (iii) have registered a World of Warcraft Account with Blizzard Entertainment, or have added a World of Warcraft license to a Battle.net Account which you registered with Blizzard Entertainment on or before 10/18/2011; (iv) not have any chargebacks initiated by you against payments made on the Account or any World of Warcraft account registered with Blizzard; (v) agree to maintain a fully paid up, World of Warcraft license that is in good standing with Blizzard Entertainment, Inc., or its authorized licensees for a twelve (12) month period beginning on the day that you sign up for the offer (the “Twelve Month Commitment”).

Note that any subscription game time currently existing on your Account as of the day you sign up for the offer will be credited towards the Twelve Month Commitment, and any World of Warcraft subscription game time purchased and redeemed, earned through promotions, or otherwise provided to you by Blizzard Entertainment, Inc., and/or its affiliates, during the Twelve Month Commitment, will be credited towards the Account and the remaining balance of your Twelve Month Commitment. Should you obtain a Diablo III Collector’s Edition version of Diablo III and add the license to the Account, four (4) months of World of Warcraft Game Time will be added to the Account. If your World of Warcraft subscription lapses during the Twelve Month Commitment, or if you fail to make any required payments or timely payments, Blizzard reserves the right to terminate your participation in this offer in addition to any and all other remedies that may be available to Blizzard at law. 25 year game time cards issued to employees of Blizzard Entertainment may not be used to meet the commitment required by this offer.

Provided that you fulfill the requirements stated herein, Blizzard Entertainment will: (i) Upon the release of World of Warcraft Patch 4.3.0 to the public North American World of Warcraft servers, add a Tyrael’s Charger mount to your Account; (ii) upon the retail launch of Diablo III, add a standard edition Diablo III retail license to your Account, where you may download a standard edition version of Diablo III that corresponds with your country settings; and (iii) flag the Account so that you will automatically receive an invite to the beta test for the next World of Warcraft expansion product.
Minimum purchase amount necessary to qualify for the DIABLO III OFFER does not include tax. No adjustments will be made on prior sales. Blizzard Entertainment accepts no responsibility for registrations which, due to a technical error or any other reason, are not delivered or which are delayed. 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. 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. No substitutions or cash equivalents. Offer subject to change without notice. No delay or omission by Blizzard Entertainment in exercising or enforcing any right or remedy contained in this offer shall operate as a waiver thereof or of any other legal right or remedy available to Blizzard Entertainment. This offer is only valid through the Battle.net online gaming platform, located at www.battle.net.

Terms and conditions you SIGNED upon entering the Annual Pass.

NOWHERE does it say immediate access. Stop the bitching and live with it.

Can we PLEASE stop discussing this stupid issue? Entitled children acting like spoiled brats thinking they have a legal standpoint...