Star Citizen – Terms Of Service

Main Star Citizen – Terms Of Service

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  • #1479

    dsmart
    Keymaster

    UPDATE 18/01/25

    So there’s another TOS revision (current) released Jan 25th, 2018. You can compare it to the previous June 10, 2016 version.

    I called this one back in Sept when I heard about it from sources. At the time, it was speculated that it would be released with the new website which was also expected to go live around the time of the 3.0 “release”. But the website didn’t launch, 3.0 was an unmitigated disaster, then the holidays happened. Compared to the previous June, 10th, 2016 TOS version, it’s amazing.

    If you have been following my tracking of these changes, then you should already be familiar with how they have systematically not only revised them to continue screwing backers, but also to reduce their liability and obligations. This latest version is worse. First of all, the Fundraising & Pledges section has been completely re-written – again. It also now comes with a disclaimer:

    RSI is conducting a crowdfunding campaign to support the development of the Game and the related RSI Services. You do not purchase anything, you make a pledge towards the development of the Game and the other RSI Services. Your pledge entitles you to receive the selected in-game items when they are developed and introduced into the Alpha releases of Star Citizen and/or to receive the game Squadron 42, as selected. Please read this clause carefully to understand the differences between crowdfunding and a purchase.

    Not sure how they are now going to explain charging VAT in EU nations.

    If you thought the above was bad, wait, there’s more…

    The Pledge Funds will be earned by RSI at the earlier of:

    • when the Pledge Item becomes functional in Star Citizen’s Alpha Persistent Universe (or is delivered separately, such as the game Squadron 42), or
    • when your Pledge Funds have been expended for the Game Cost.

    Yes. So basically, once you have bought into the game, say they implemented a particular ship which you own, they can deny you a refund, even though the rest of the game may be incomplete and not delivered at the time.

    Remember back when I said 3.0 was the MVP? Now we see why sources were saying back in the Summer that this TOS coming with 3.0 was going to set the stage for what was to come.

    Then, buried in the Miscellaneous Terms section at the bottom is this…

    Governing Law. These TOS shall be governed and construed by the laws of England and Wales. The competent courts of Manchester, England shall have the non-exclusive right to hear any dispute or claim arising out of or in connection with these Terms of Use. As noted in these TOS, your conduct may also be subject to other local, state, national, and international laws.

    These clowns really think that, with their head office and base of operations being here in the US, that if they are sued under the TOS, that a US court is going to totally allow an English court to have jurisdiction. I can’t wait.


    UPDATE 16/06/10

    And it came to pass that the new June 2016 ToS has been released with the latest 2.4 “patch” going live.

    Here is a handy comparison between the previous Feb 2015 v1.2 and this latest June 2016 version.

    I am working on a blog; but the highlights and implications of this new ToS are:

    1. They can deliver anything (e.g. Minimum Viable Product as I wrote in this blog) they like, and it doesn’t have to resemble anything promised and which you backed. Which means that everything you see here in the stretch goals – and which you backed – is now meaningless. Those concept ships which have yet to be modeled, let alone flight ready? They don’t have to create them
    2. They are under no obligation to deliver anything – like ever
    3. You are not entitled to refunds – for any reason – like ever
    4. They can ban your account – for any reason – delete it, and not refund you
    5. If you buy an account and they find out, they can terminate the account and not refund you. This is essentially to kill the Grey market (Star Citizen trades has now been removed from the Reddit subs), prevent people from buying accounts and/or holding CIG accountable etc
    6. The disparaging CS tagging (1, 2) that occurred just this week, gives rise to how they were seeking to identify backers outside of their website/services, in order to identify their accounts and terminate them – without cause (other than because you were a dissenter)
    7. They no longer owe backers any financial accountability for where the money went. This was one of the key points they used as a carrot during this funding. That, and the ability to do refunds. Both have now been removed.
    8. There is no release date for anything. The 18 month (which was previous 12 months in prior ToS revisions) time frame to deliver following the original Nov 2014 date, has been removed
    9. The new ToS is an agreement with RSI and not CIG as before. Considering that they have a bunch of corporated entities associated with this, the implications of this change are not yet clear to me. UPDATE: After speaking with my attorneys, we view this move as an attempt to shift liability (lawsuits, creditors, investors etc) from CIG, and to the subsidiary (RSI). This is a common tactic used when businesses are setup. In fact, it clearly explains all these entities associated with this project. So when this project collapses – as I am certain that it will, seeing as they can’t deliver it as promised – CIG (which is the parent) will be shielded from the lawsuits and liabilites of RSI. However, according to the law, in cases where fraud is uncovered, there is no such protection.
    10. They say you agree not to sue them – like ever

    In the meantime, if you ever want legal recourse, do NOT download the 2.4 patch and do NOT do ANYTHING on their site and/or services in which you are required to agree to this new ToS. The only way you are able to give expressed consent, is if you download the 2.4 game launcher and press the AGREE button. Visiting the website, sending them emails, opening support tickets etc do not convey consent.

    TO BE CLEAR: This new ToS only applies to i) new backers from this date forward who download the game and agree to the new ToS ii) existing backers who are presented (e.g. in the game launcher) with the new ToS, and which they have to agree to

    Since July 2015, I have been making a lot of noise about the ToS (which they have changed many times to suit their actions) and the fact that RSI/CIG are required to provide refunds and financial accountability to backers for failure to deliver the promised game, 18 months from the expiration Feb 2015 ToS v1.2. Those two clauses triggered on May 31st, 2016. And instead of abiding by them, they decided to create a new ToS which not only removes those clauses, but it also strips even more rights from backers who have thus far given them $115 million. A lot of Shitizens said I was wrong about the ToS interpretation, that I didn’t understand it, blah, blah, blah. Yet, with the latest 2.4 patch disaster hurriedly pushed to live (conveniently ahead of E3 which they recently backed out of attending), they have done precisely as I said and expected that they would.


    UPDATE 16/05/24: Sources are telling me that a new ToS revision is in the works and will be shoved through either in the upcoming public release of 2.4 or thereafter. If you ever hope to get financial accountability or refunds – two of the key provisions of the current ToS v1.2 – do not agree to it. On June 1st, backers have the legal right to both a refund and financial accountability as promised.

    Make no mistake, several things are in the works, and there are going to be legal ramifications – including the complete decimation of the arbitration clause introduced in ToS 1.1 by people who never agreed to that ToS revision.


    Everyone knows by now that since the shoddy and premature release of Star Citizen (aka Persistent Universe) v2.0 in Dec 2015, they’re now claiming that it is substantial update, so they’re refusing refunds.

    Below are all the different ToS revisions since the start of this project. The Kickstarter ToS would be active from 12-10-18 to 12-11-19 when the campaign started and ended there.

    12-09-13 // Original version from RSI website before they moved the campaign to Kickstarter. No arbitration clause.

    13-08-13 // v1.0, No arbitration clause. 

    13-08-29 // v1.1, Arbitration clause appears in VIII

    15-02-01 // v1.2, Arbitration clause appears in XXII

    NOTE: If you pledged on Kickstarter, then you are subject to their ToS, as well as the RSI ToS which was active after the campaign ended and you had to access their site to create your citizen account.

    According to their  ToS v1.1 of 08/29/13 they said if they failed to deliver within 12 months of Nov 2014 (the original Kickstarter estimated delivery date), they would issue refunds. At the time, this non-delivery period would kick in during Nov 2015.

    IV. Charges & Billing
    RSI agrees to use its good faith business efforts to deliver to you the pledge items and the Game on or before the estimated delivery date. However, you acknowledge and agree that delivery as of such date is not a promise by RSI since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of the deposit shall not be refundable until and unless RSI has failed to deliver the pledge items and/or the Game to you within 12 months after the estimated delivery date.

    Since that time, having already i) missed the Nov 2014 delivery date and ii) embarked on the increased scope (aka “vision 2.0”), thus extending the delivery date for the project, they surreptitiously made another changed in ToS v1.2 of 02/01/15 (which remains the current one on their website). The previous section was moved; and now reads:

    VII. Fundraising & Pledges
    RSI agrees to use its good faith business efforts to deliver to you the pledge items and the Game on or before the estimated delivery date communicated to you on the Website.  However, you acknowledge and agree that delivery as of such date is not a firm promise and may be extended by RSI since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of your Pledge shall not be refundable until and unless RSI has failed to deliver the relevant pledge items and/or the Game to you within eighteen (18) months after the estimated delivery date.

    And in the current ToS, here is a key section that ties into the above:

    VII. Fundraising & Pledges
    For the avoidance of doubt, in consideration of RSI’s good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any Pledge amounts applied against the Pledge Item Cost and the Game Cost shall be non-refundable regardless of whether or not RSI is able to complete and deliver the Game and/or the pledge items. In the unlikely event that RSI is not able to deliver the Game and/or the pledge items, RSI agrees to post an audited cost accounting on the Website to fully explain the use of the amounts paid for Pledge Item Cost and the Game Cost. In consideration of the promises by RSI hereunder, you agree that you shall irrevocably waive any claim for refund of any Pledge that has been used for the Game Cost and Pledge Item Cost in accordance with the above.

    The trigger in ToS v1.2 which will require (they won’t do it voluntarily) them to provide refunds and a full accounting, will expire 18 months from when they promised the project to be delivered on Nov 2014. It was set to expire in Nov 2015 as per the previous ToS. Then they extended it from 12 to 18 months. So the new expiration date is May 31, 2016 depending on when you backed the game and agreed to the ToS.

    However, it doesn’t matter when you backed the project; as long as you accessed their services (game, forum) and agreed to the ToS v1.2 revision when presented, you are subject to it. All previous versions would then be null and void. However, if you NEVER accessed their systems, and thus never agreed to ToS v1.2, then you are not only due a refund, but also due a full accounting as per the previous ToS versions.

Viewing 8 replies - 41 through 48 (of 91 total)
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  • #3724

    dsmart
    Keymaster

    I don’t think so. Where did you hear/read this? They already have offices in the UK for the entities located there.

    #3722

    Ranger Man
    Participant

    You can apply for a protest permit from whoever the governing city, county, whatever is, and then publicize it via newspaper and TV stations and social media.  It would call attention but someone would have to organize it, get the permits, then conduct it.  It’s of interest to a small group but if it makes local news it’s one more thing making the issue public.  Then there is social media so footage filmed with camera’s etc. could be spread via social media such as a Facebook page like StarCitizenScam and a website.

    Well I’ve file another complaint with FTC about the TOS, am working with my credit card company to see if I can get refunds, and have contacted Morrison and Lee mentioned by Derek in  one of the posts.

    Funny thing happened.  I went back to my emails from CIG/RSI – I kept all of them dealing with my orders – and when I opened one it had a big read bar across the top with “This message may be a scam.”.  Close as the message is not but the game is.

     

    #3721

    Ranger Man
    Participant

    You are right and that’s one thing I like about the EU.  They have some tough consumer protection laws unlike the US where companies can loot and pillage the consumer.  Unfortunately, unless we get someone willing to do Pro Bono or take a cut (even if it’s zero) of whatever is rewarded the US people are shafted.  Again that’s our legal system in that it favors those with deep pockets who can afford litigation and the expense that goes with it.  Good plan for them to flee the US until they can find another haven with no extradition and weak consumer laws.

    The SC cultists are unbelievable but that’s true of any cult or organization that builds fans like that.  They go down believing it all and it’s always someone else’s fault – Satans, Derek, or someone else.  I never knew Derek had so much power that he, one man, could take down a company with over $100 million <G>.  I think CR has created a more fanatic cult then Jim Jones or any of those we’ve seen.

    I’ve filed new BBB and FTC complaints but all that does it get it on the record and if enough have filed it will get someone’s attention.

     

    #3720

    SJ Parkinson
    Participant

    EU consumer protections only cover people in the EU.

    It screws any Americans unless they want to sue them in the UK (which they can’t do if they agree to the new ToS). Also takes their corporate presence out of FTC jurisdiction. I suspect the US holds the vast majority of customers and this means CIG / RSI can keep that chunk of money without any blow back.

    The SC Reddit are still in complete denial. I see all sorts of accusations for dsmart alts’s, but suspect many sandi alt’s working their FUD. Same old “Can’t be right, but even if it is, I’m all right with that” BS.

    If the US Feds don’t move soon, the US accounts will be emptied.

    #3719

    Ranger Man
    Participant

    You are right.  Short term it might allow them to  hide a lot and give them time to figure out how to hide the rest.

    It has all the marks of a business whose owners are getting ready to run with the bank account. The employees show up one day to locked doors and an out of business sign.

     

    #3718

    Martijn Otto
    Participant

    Yes, but if they don’t have to report over the time before switching to the UK, they could hide a lot of money from the backers

    #3716

    Ranger Man
    Participant

    That might  be  a mistake.  Much of Europe has much tougher consumer protection laws then the US and as Derek has pointed out there is mandatory financial reports they have to file.

     

    #3715

    SJ Parkinson
    Participant

    They are also changing their official address to the UK. Out of the jurisdiction of the FTC would be my guess.

Viewing 8 replies - 41 through 48 (of 91 total)

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