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Old 09-18-11, 05:40 PM   #13
|MaguS|
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Default Re: Sony asks for soul in new TOS

Almost every TOS and EULA has a clause that is against lawsuits... Ever read your Cellphone contract? I'm surprised Sony's didn't have one before this...I mean Xbox already has something in there that states you can't get more money then a single months worth of service.

Xbox Lives Clause...

Quote:
16. LIABILITY LIMITATION.

You can recover from us for all successful claims only direct damages up to a total amount equal to your Service fee for one month. You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits.

This limitation applies to anything related to this contract, for example:

the Service;
loss of data;
your content, third party content (including code), third party programs, or third party conduct;
viruses or other disabling features that affect your access to or use of the Service;
incompatibility between the Service and other services, software, or hardware;
delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the Service in an accurate or timely manner; and
claims for breach of contract; breach of warranty, guarantee, or condition; misrepresentation; strict liability; negligence; or other tort.
It also applies even if this remedy does not fully compensate you for any losses, fails of its essential purpose or we knew or should have known about the possibility of the damages.

Nothing in these terms shall affect the statutory rights of any consumer or exclude or restrict liability for death or personal injury arising from our negligence, fraud, or our gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential or other damages.
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Old 09-18-11, 05:46 PM   #14
ViN86
 
Join Date: Mar 2004
Posts: 15,486
Default Re: Sony asks for soul in new TOS

Quote:
Originally Posted by |MaguS| View Post
Almost every TOS and EULA has a clause that is against lawsuits... Ever read your Cellphone contract? I'm surprised Sony's didn't have one before this...I mean Xbox already has something in there that states you can't get more money then a single months worth of service.

Xbox Lives Clause...
Quote:
Nothing in these terms shall affect the statutory rights of any consumer or exclude or restrict liability for death or personal injury arising from our negligence, fraud, or our gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential or other damages.
I would define Sony's actions regarding the loss of everyone's personal data as "negligence" or better yet "gross negligence".
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Old 09-18-11, 06:12 PM   #15
Ninja Prime
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Join Date: Mar 2003
Location: Utah
Posts: 2,263
Default Re: Sony asks for soul in new TOS

Quote:
Originally Posted by |MaguS| View Post
Almost every TOS and EULA has a clause that is against lawsuits... Ever read your Cellphone contract? I'm surprised Sony's didn't have one before this...I mean Xbox already has something in there that states you can't get more money then a single months worth of service.

Xbox Lives Clause...
Sony acts like dicks, and yet you try to find some way to defend them, come off it already.
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