| Author |
Topic  |
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andywill
Starting Member
United Kingdom
44 Posts |
Posted - 01/05/2002 : 20:29:33
GM'S, saturday 5th January 2002. Mir has been lagging VER VERY badly almost all day. Most of the people on the Dragon Server and on Phoenix have very bad lag. WHAT ARE YOU GOING TO DO ABOUT IT!?!?!?!?I am fed up with the lack of service you are giving us, your paying customers. I have seen that axen or whoever was trying to get some information out to us english speakers but nothing yet. WE ARE PAYING FOR A SERVICE, and as such, no matter what provisos u may think are valid in the agreement, you are very close to breach of contract, in so far as you have NOT informed, developed, adressed, ANY issues regarding the game. Now, the contract we agreed to is in english, therfore it is binding in that language and therefore in english speaking countries so long as the national laws do not say otherwise. Also if u try hide hide behind the oh so lame "but u know its free..." or.."you know it is under development" this does not cut it. You have a duty to oblige by your contract and to the SPIRIT of the contract as far as is reasonably practicable. Under British Law an contract is a binding agreement betwenn two or more parties that receive a services/goods etc for a consideration, that consideration in your case, our money. Also that the services/goods etc that we have contracted with you must be of sufficient and suitable quality for the purpose for which it is intended. THIS IS CLEARLY NOT HAPPENING. 1. You said that there was going to be a December patch (it does not matter that you did not make reference to the year because the IMPLICATION is that it was for 2001. - Breached a promise, therefore contract. 2. You also said that you would continuously upgrade the game - WHERE? ONE PATCH IS NOT CONTINUOUS. 3. You also say that gm's will be online to help? WHEN? The vast majority of the time they come on spawn mobs and bugger off again. I have not the time to finely go through the contract but these faults are blatantly obvious, if people out there cant see it then u need to go back to school. WE ARE BEING CHEATED BY MIR STAFF AND WEMADE!! AND YES YOU CAN TRY AND DO ME FOR THAT IN COURT...... So, GM'S, Programmers, Wemade, Teleglobe, or whoever does whatever for this game sort it out. rant over TAGRED Leader of the Chaos Lords |
WellsKing
Junior Member

126 Posts |
Posted - 01/05/2002 : 20:41:46
Very well put.I'm gonna bump this till its locked then re-post it if you don't mind. FoxyR 
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Skidd
Senior Member
  
United Kingdom
1436 Posts |
Posted - 01/05/2002 : 20:47:04
mmmmmm interestingIn-game name Surberous Know yourself and you will never be defeated in 100 battles |
dealreal
Junior Member

433 Posts |
Posted - 01/05/2002 : 20:52:57
same old problem, still no solution, all we got was them saying they would dump teleglobe in about a month, they said that about 2 months ago.
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I forgot my name
Junior Member

United Kingdom
178 Posts |
Posted - 01/05/2002 : 21:07:55
quote: Very well put.
I'd have to agree to that. But sadly the odds of getting any response from a GM is nearly 0. quote: 3. You also say that gm's will be online to help? WHEN? The vast majority of the time they come on spawn mobs and bugger off again.
Another thing. Granted afew GM's DO try to help but because there is a serious lack of support ingame that when a GM does come online they are flooded with questions & complaints and its is nearly impossible to help everybody. If there is too much work for them to cope with there is a simple solution. HIRE MORE STAFF. I mean just before you enter the game how many GM's does it tell you that are in the game to help ? Now how many of those GM's do you actually see ingame ? Get your act together ! Ok I'll shut up now b4 I start waffling on too much. I love it when a plan comes together. |
andywill
Starting Member
United Kingdom
44 Posts |
Posted - 01/05/2002 : 21:34:19
No probs fox bump away. it just made me really mad that i spent so long getting to mc, having to de every 5 minutes. I'm on cable modem broadband so there is no excuse there, my comp is 1Ghz, 40 gig hdrive, 512mb, Geforce 2 32mb video, so if they try to say its my comp i dont think so. Developments - I finally logged back and found no lag, yey i hear u scream, but i got into mc, no lag for a while then all of a sudden game froze completely. Im angry again, it took so long to get there and it was a waste again. oh well i think i will go mine for a few years, maybe watchin rocks move will be quicker thatn the lag. Thanks Legend Of Lag, for nothin Rant over Tagred Leader of the Chaos Lords 
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andywill
Starting Member
United Kingdom
44 Posts |
Posted - 01/06/2002 : 03:29:07
This is another bump cos i think its more important than those stupid little boys who spam. Please people post your replies or your comments on what I have said about the service we are getting. If we get enough people reading or replying to this maybe they might read it and take heed. After all they are going to lose thousands a month if they dont act in a professional manner. Thanks TAGRED Leader of the Chaos Lords 
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invader_Zig
Senior Member
  
1101 Posts |
Posted - 01/06/2002 : 03:31:46
that pikkachuuuuuu dudes gonna start posting soon and he`ll fuk this up sorry if he does cos i agree with ui hate these forems they suk *** |
andywill
Starting Member
United Kingdom
44 Posts |
Posted - 01/06/2002 : 04:10:01
bumpy bumperson
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JACOB
Starting Member
36 Posts |
Posted - 01/06/2002 : 04:56:59
i totally agree with u, there is a great lack of service and they are not satisfiying there customers really r they. i have 10 days or so left on my account and i really dont think ill pay them more money..But u never know they might wake up Or i might lvl 10 lvls in an hour,, think not eh we love to be addicted to MIR
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WellsKing
Junior Member

126 Posts |
Posted - 01/06/2002 : 05:14:47
Busy forum again I see.Oh well.. at least reading the GM & Mods section gave us an i little in sight into how little they care. FoxyR 
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WellsKing
Junior Member

126 Posts |
Posted - 01/06/2002 : 07:20:14
Just so this doesn't get lost in a sea of spam.FoxyR 
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SpiritMaster
New Member
58 Posts |
Posted - 01/06/2002 : 09:42:34
you cant really blame mir for teleglobe servers being down, and as it were they sorted a fairly major problem fast, so the lag issue wasnt really mirs fault, and as for them dumping teleglobe, its hard to find providers that have such a good european base server network, and therefore its hard for them to just "dump" teleglobe like that, if they did dump teleglobe it would take them about a month to do so, and we would probably end up on some crappy end server thats even more laggy than it is now, i have been notified by the owners that this is one of the main problems at the moment, and from that i would figure once they have fixed their hosting problems mirs game play *should improve.... SPIRITMASTER |
dp3
New Member
USA
64 Posts |
Posted - 01/06/2002 : 10:46:31
the only lag i suffer from is because i live in the USA, yet i have ADSL. some people may not realise this, but some cause of lag are bad connections(along with bad ISPs) or bad telephone lines(as in not clean.) i would suggest to all people to test their phone lines to see what their max speed is from there. Another way to *reduce your lag is by shutting down progrmas from a heavy start up, having your system resources to about 73% should do well. If you have a program with sound, check out the mir tavern, in their guides section on how to reduce your lag. (involves making your sounds monophonic instead of stereophonic.) another suggestion is check out some of the forum's opinions, i believe someone made their own scripts to fix lag.That said, i do believe that they are breaking some agreeement, i'm just not sure which one. Since they are in italy, they might be bound under Italian laws. Don't forget that they have a contract with the Koreans, which we don't have access to, so we can't check it. They cannot blame it on your system, since i never found any system requirements (another breach?) which is also a factor into our great lag. HOw many contracts do we go through before we get our accounts? about 2 right? one for the install, and 1 for the payment? I'm not sure, but i'm just pitching ideas so someone can check them. ALso, i'd be nice if anyone can read korean, to check their rules, see how they compare to ours. i don't know what else to say, since i'm only turning 15 and don't know **** about advanced laws, but trust me, i think their staff of lawyers matches that of developers, lol. ------- I NEVER die-my HP gauge is always at 0. Dragon Server: Dpg: LV 20 wiz [member of ElementalD] dP3: God of The(being)dead |
Yadz
Junior Member

United Kingdom
283 Posts |
Posted - 01/06/2002 : 14:31:04
U all moan.. but u still play the game ?????? Quit the game then mir might do stuff about it ^^ I have anal hair so i know what im talking about ^____^--MeoW-- Taoist - Lvl29
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Paradox
Starting Member
United Kingdom
6 Posts |
Posted - 01/06/2002 : 15:41:27
This must be a first!!I believe the problems on the 05/01/02 were not the responsibility of MIR - a tracert showed that the lag was coming from the Teleglobe pipes. usually UK connections are routed through London - Amsterdam - Milan, however on the 5th the routing was via London - Paris - Frankfurt - Milan. This seemed to be because of a routing problem in Amsterdam, what this means is that half of europe were using the same internet pipe, resulting in slow cross europe performance for everyone. Anyone in the UK would not notice any problems with UK or US sites but all of the european sites including the MIR website and this forum were affected. This was not MIR's Fault and was beyond there control. This does not lead to a breach of contract as Wemade are not responsible for your connection to their servers, which were running fine, there are no complaints on the Italian forum because they were not using the cross europe connection and had no problems. One solution to this would be to move the MIR servers to the UK!! but that ain't gonna happen so if you have any complaints they should be directed to your ISP or Teleglobe depending on your conection contract. I know we all like to blame MIR for everything but this time soz peeps not their fault.
But I am still owed a patch!!!!! and while I'm at it how come the Italian site gets more news than the offical site?!?!?!?!?!? Wemade you need to be vary careful here!! providing more information in a different language to your product could be seen as discrimination and therefore is illegal!! you should not be allowing information about invasions and the like to be put on only the italian server this gives an unfair advantage in the game!! this information should be put on the offical webserver before any others!! PARAX Warlock of the 26th Degree. |
andywill
Starting Member
United Kingdom
44 Posts |
Posted - 01/06/2002 : 16:27:54
Para, I know that the lag was not MIR's fault and that the routing was all buggered up, but if you notice, i mentioned at the end of the post all or most of the areas responsible for providing the game (ie wemade, teleglobe mir staff gm's etc etc). There was no breach because it was something out of their reasonable control. However, they are descriminating and clearly failing to provide a service to whic we have paid for. They have not kept to their promises or even implied promises.Yadz, I will quit the game if nothing is done. When you are older you will then understand what the words "service" and "pay" mean. Until then, when you are old enough to appreciate the value of money and services etc, please be quiet. You dont know what you're talking about. Tagred leader of the Chaos Lords 
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Disley
Senior Member
  
United Kingdom
1436 Posts |
Posted - 01/06/2002 : 16:59:17
ok iv briefly read this topic, but i think once again its just a loada crap that appears up here from time to timefirstly they arent close to breaching contract, as ur paying for a service and you have got one. they would be breaching contract by taking your cash and then shutting down the servers and walking away with your cash, but they havent done that. it doesnt matter about the quality of the service, you pay for what you get, if you dont like it then just leave and dont worry about it, and if you got a hugely long subscription, then you should have known better in the first place andy your unhappy with your service, your agreed to the agreement that was placed before you when you subscribed and the internals have kept to it. they arent the best company in the world obviously, and they maybe should be doing more than they are doing. and you can only complain. however threatening with legal action is a joke, cos there would be nothing to actually sue them for everything you posted before is not contractual, maybe you would like to read the contract and then think about it. quote: 1. You said that there was going to be a December patch (it does not matter that you did not make reference to the year because the IMPLICATION is that it was for 2001. - Breached a promise, therefore contract.
a promise is not a contract. clearly you dont have enough knowledge of the legal system to understand who these things work, but if i promised to give u a big cake, then said no. you couldnt sue me for it could you? lastly, i think the abuse Gm's get over these things are greatly unfair. they take a lot of heat and abuse but theyre not programming the game, so how can they possibly reduce lag? theyre here to help us out and test things on the test server. please think about what your posting, if your not happy then just leave the game. Real insurance claims The other vehicle collided with mine without giving warning of its intensions old man was all ovr the road, had to swerv several times before i hit him I tried to slow down but the traffic was more stationary thaN i thought |
m1metal
New Member
United Kingdom
66 Posts |
Posted - 01/06/2002 : 17:17:03
Ive also read briefly, and i have 2 say i agree compleatly with Disley. as proven by how many stars he has experience and like he say's has seen dozen attempts to try and complain properly!Id also like to add that the Game Masters are not part of the mir internal team. some ppl continue to believe that the GM can actually do somthing about this, but in actual fact they only pass the message forward to the mir internal staff. and then its up 2 them 2 do somthing about the matter. So stop slagging the GM's off! Mir internal staff include MAPO, Death_Dealer (thats all i know off the top of my head) lolz And can i point out that its against Italian polocy to refund, so whats the point whining and just let them get on with it. m1metal AscendantAngels - †.Mystic.†
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m1metal
New Member
United Kingdom
66 Posts |
Posted - 01/06/2002 : 17:19:57
Ive also read briefly, and i have 2 say i agree compleatly with Disley. as proven by how many stars he has experience and like he say's has seen dozen attempts to try and complain properly!Id also like to add that the Game Masters are not part of the mir internal team. some ppl continue to believe that the GM can actually do somthing about this, but in actual fact they only pass the message forward to the mir internal staff. and then its up 2 them 2 do somthing about the matter. So stop slagging the GM's off! Mir internal staff include MAPO, Death_Dealer (thats all i know off the top of my head) lolz And can i point out that its against Italian polocy to refund, so whats the point whining and just let them get on with it. m1metal AscendantAngels - †.Mystic.†
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andywill
Starting Member
United Kingdom
44 Posts |
Posted - 01/06/2002 : 19:05:20
Disley. A verbal promise can be construed as a verbal contract and therefore IS binding. There is evidence of this, seen in the USA and in the UK where people have promised to pay money after a lottery win. That person then renegs on that promise. The person who was going to be the recipient of that promise sues, and in many cases wins. It depends on the scope of the promise, and the size of that promise. I have not stated anywhere that i was going to sue, nor do i intend to. I am merely pointing out the fact that a company has not been sticking to it promise/agreement made with us. Clearly you cannot see the difference between a contract agreed and delivered. Yes we agreed with the policy of wemade. However, the argument "you get what you paid for.." is irrelevant and pretty ignorant. We agreed to receive this service, the service has not been delivered satisfactorily according to their policies. Therefore there could be arguments made. Whether or not any legal action would work is questionable. I know the difference between civil, statutory, and contractual law. I am not blaming just the gm's (please read the whole post) I am blaming all the parties that are involved in making this game and presenting it to us the consumer. I think this is a great game, and if mir staff/wemade or whoever delivered their promises (ie regular updates/patches/information/help etc) i would not be moaning at all. If you are happy with bad service then fine. I want this game to work because there are a lot of good people here and the interaction between some players is brilliant. Yes Disley i theoretically could sue you for breaching that promise,if i agreed to accept that promise, but since its so trivial it would never get to court etc. Just take a look at the USA legal system where they sue each other for things like that. Anyway back to playing the game, hope to see you all in there Tagred leader of the Chaos Lords 
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Disley
Senior Member
  
United Kingdom
1436 Posts |
Posted - 01/06/2002 : 20:14:43
quote: Yes Disley i theoretically could sue you for breaching that promise,if i agreed to accept that promise, but since its so trivial it would never get to court etc. Just take a look at the USA legal system where they sue each other for things like that.
yeh true, over there people get accused of "stealing someone elses wave" when surfboarding, which obviously was dismissed. technically anyone can sue anyone for anything, but me promising you a pie in fairness probably would be actually im gonna try and get a copy of the agreement now and post it up, but my internet is being slow and bad. if anyone could post that up pls do so i can argue my point over Real insurance claims The other vehicle collided with mine without giving warning of its intensions old man was all ovr the road, had to swerv several times before i hit him I tried to slow down but the traffic was more stationary thaN i thought |
Disley
Senior Member
  
United Kingdom
1436 Posts |
Posted - 01/06/2002 : 20:21:40
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You shall select and then use any such server all at your sole cost, expense and risk, including any communication costs, such as telephone charges and/or Internet access fees. No one shall retain responsibility or liability to you or any other person or entity for selecting a server, any technical, service or other problems or difficulties that you may experience in connection with connecting to or using a server, any player's compliance with any rules or procedures set forth in this game, the acts or omissions of any player or any cost or expense incurred by you in connection with the selection, use, or otherwise in connection with any server. No guarantee is made that the software used by server operators is the original, unmodified server software. Servers are generally privately owned and operated and no guarantee is made that you will be able to access all servers: different servers may have different accessibility rules. 8. PRIVACY (a) The personal information you provide us during registration is used for our internal purposes only. We use the information we collect to learn what you like and to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorised by you, we will not give any of your personal information to any third party without your express approval. You authorise us to provide your name and e-mail address to third parties unless you instruct us to the contrary by e-mail notice to Game Network customer service. We do not guarantee the security of any of your private transmissions against unauthorised or unlawful interception or access by third parties. We can (and you authorise us to) disclose any information about you to private entities, law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service, the Software and any services or software which may in the future be provided by us or on our behalf. (b) No Monitoring or Privacy. Communications in connection with this software are not private and often occur in real-time. Although the rules regarding appropriate game play are set forth in the Legend of Mir, there is no guarantee that any person or entity will, as a matter of policy, screen, edit, monitor or police the content of the communications or other materials transmitted by players, and therefore there is no promise or guarantee that other players will not provide content or access to content that players or their parents may find objectionable or inappropriate. Notwithstanding the guarantee of any policy of screening, editing, monitoring or policing the content of the materials or communications transmitted by players, you acknowledge and agree that, to the extent permitted by applicable law, the operator of the server may, in its sole discretion, monitor some, all or none of the "chat" and other areas of the game for adherence to this Agreement, choose to act upon inappropriate use of "chat" features or game play, collect, disclose, distribute, compile and otherwise use for its purposes, as it deems appropriate, any and all data and information gathered from use of this software and its "chat" features. Servers operating with the official unmodified server software are incapable of monitoring "private chat," but no guarantee is made that all server are using the official unmodified server software.9. PARENTAL GUIDANCE While Game Network may choose to monitor and take action upon inappropriate game play, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. Game Network cannot ensure that other players will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. Game Network does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player. 10. INTERRUPTION OF SERVICE (a) Game Network reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with prior notice in order to perform preventative maintenance. In this case Game Network shall not be obligated to refund all or any portion of the Account fee. (b) You acknowledge that the Service may be interrupted for reasons beyond the control of Game Network, and Game Network cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Game Network shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control. (c) Game Network may refund a portion of the Account fee (24 hours) by reason of any interruption of the Service of more than 8 hours which has not been previously notified and does not result from any causes beyond its reasonable control. 11. DISCLAIMER OF WARRANTY GAME NETWORK PROVIDES THE SERVICE, THE SOFTWARE, THE ACCOUNT, THE LEGEND OF MIR GAME AND ALL OTHER SERVICES ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, your Account or Legend of Mir. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. 12. LIMITATION OF LIABILITY THE MAXIMUM AMOUNT OF GAME NETWORK LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF ACCOUNT FEES PAID BY YOU TO GAME NETWORK, AND IN NO EVENT SHALL GAME NETWORK, OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER OR IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT, WHETHER OR NOT GAME NETWORK MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. 13. INDEMNIFICATION At Game Network's request, you agree to defend, indemnify and hold harmless Game Network, its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, its licensees, distributors, Content Providers, and other Members of the Service, from all damages, liabilities, claims and expenses, including attorneys' fees and costs, arising from any breach of this Agreement by you. 14. TERMINATION We may terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement or wilfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of Legend of Mir as set forth in the Rules of Conduct. IF WE TERMINATE THIS AGREEMENT UNDER THESE CIRCUMSTANCES AND IN PARTICULAR FOR THE VIOLATION OF THE RULES OF CONDUCT, YOU WILL LOSE ACCESS TO YOUR ACCOUNT FOR THE BALANCE OF ANY PREPAID PERIOD WITHOUT ANY REFUND. 15. GENERAL PROVISIONS This Agreement is governed by and shall be construed and enforced under English laws, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Game Network shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Game Network. All notices given by you or required under this Agreement shall be faxed to 0039024130366. Attn.: Mir Customer Support or emailed to IF YOU AGREE WITH ALL OF THE FOREGOING TERMS AND CONDITIONS, THEN PLEASE CLICK THE "AGREE" BUTTON. OTHERWISE, CLICK THE "DO NOT AGREE" BUTTON BELOW. *gets reading glasses out*
iv some reading to do....... Real insurance claims The other vehicle collided with mine without giving warning of its intensions old man was all ovr the road, had to swerv several times before i hit him I tried to slow down but the traffic was more stationary thaN i thought |
andywill
Starting Member
United Kingdom
44 Posts |
Posted - 01/06/2002 : 20:28:24
Disley i will save you some time 15. GENERAL PROVISIONS This Agreement is governed by and shall be construed and enforced under English laws, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Game Network shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Game Network. All notices given by you or required under this Agreement shall be faxed to 0039024130366. Attn.: Mir Customer Support or emailed to I believe the performance of the staff at mir who are employed to produce this game is something that is in their direct control. Is a disclaimer of any warranty under British law valid? if so, then I have nothing to moan about, and be happy with crap service. Tagred leader of the Chaos Lords Edited by - andywill on 01/06/2002 20:33:07 |
Disley
Senior Member
  
United Kingdom
1436 Posts |
Posted - 01/06/2002 : 20:50:14
ok i wrote a huge huge thing up, then exporer broke and it dissappeared. il quote the little bit i did but im not retyping like i did b4 (im kinda gutted bout that) quote: Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Game Network shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Game Network.
ok, im not seeing that this has been breached. they stated that if failures to perform were found outside of their control they wont be responsible bla bla bla however this part is not relevant, your just trying to twist what theyre saying. they stated that if something goes wrong they could help with, not theyre fault. your saying because there are problems it is their fault, ok then agreed however are these problems enough to breach the contract? i think not. such things such as "they said there would be a december update" and it getting delayed might be out of theyre hands anywayz, due to other problems that arrise. the problems you brought up here are easy to answer from their point of view quote: 1. You said that there was going to be a December patch (it does not matter that you did not make reference to the year because the IMPLICATION is that it was for 2001. - Breached a promise, therefore contract.
this might have been out of their hands anywayz, they predicted it would be for then but it wasnt. also this is not preventing us from using the service. i havent read the whole thing properly but from what i remember there is something in there protecting themselves from this anywayz quote: 2. You also said that you would continuously upgrade the game - WHERE? ONE PATCH IS NOT CONTINUOUS.
nope not in contract quote: 3. You also say that gm's will be online to help? WHEN? The vast majority of the time they come on spawn mobs and bugger off again.
firstly not in contract. secondly they have been online, they havent lied. they never specified amounts of time they would be online, but they were, this coudl be proved with the logs also i could continue going but im going offline a while. il come back and tie up later Real insurance claims The other vehicle collided with mine without giving warning of its intensions old man was all ovr the road, had to swerv several times before i hit him I tried to slow down but the traffic was more stationary thaN i thought |
andywill
Starting Member
United Kingdom
44 Posts |
Posted - 01/06/2002 : 21:21:02
Dis you are quite correct in what u said, however, i am not twisting what they have written, if things are within their own control then they are liable as stated in the policy. I am not twisting what they say. You contradict yourself firstly by saying that it is irrelevant, as if some part of that agreement is not applicable, then you quote me and say "not in contract..." which leaves me a little confused, is the policy all relevant or not? I dont want to go into somantics or nit picking because i think you havesome good points. My arguments saying that "they said they were going to give us continued expansions etc" (not a quote) were what the gm's have said and the odd info page has been about. as the title of my post says i think they are playing it very close. If i were in italy then i would have no problem and they are sticking to the agreement, (i speak italian so the site is accessible to me). But, at least we have been forgotten or just down right ignored, and surely that is neither fair nor ethical. Again i am not saying i will sue, but trying to point out to the people who run/programme/make/direct/produce or whatever this game that there are some customers who want to continue playing but want something in return. I dont intend on posting many more on this subject, but i hope i have made a point. Whether you agree or not does not matter. If no-one complains then they wont know whats wrong with it, thats y i moan. Rant over
Tagred leader of the Chaos Lords 
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Disley
Senior Member
  
United Kingdom
1436 Posts |
Posted - 01/06/2002 : 21:30:23
lol ok fair enough matei actually think i did contradict myself in that, i thought that when i reread my post. my overall point is i dont think theyve done anything to be sued for, they have been really bad service i agree, and if they could be sued id like to see it (sort of). i dont think i made much sense and i was just posting what came out of the top of my head really also i did write a huge thing up, then my internet crashed and i was mega gutted. so thats the shorter less accurate version *sigh* Real insurance claims The other vehicle collided with mine without giving warning of its intensions old man was all ovr the road, had to swerv several times before i hit him I tried to slow down but the traffic was more stationary thaN i thought |
Cerebral_Eradicator_again
Junior Member

293 Posts |
Posted - 01/06/2002 : 21:36:54
Andywill...mate...I tried to do this to them a long long time ago and nothing happened. You can't say they're not providing a service because they are. It's called the dragon server and the phoenix server. You can't say that they're not providing a service because you are using a very service right now. And you can't take someone to court because they IMPLIED something lol.quote: Prosecuter: Well your honour he didn't exactly say he killed him but he gave me a jolly stern look.
lol. And did you really give us any firm evidence?NO. U just seemed to repeat and repeat the defenition of a contract. Hell they didn't even say anything lawfully about a december patch and if every games company was charged for delays there wouldn't be any Nintendo or Sony or Sega left lol. Cerebral: Come up, come and get yr T-Shirts with everything from ""Time is Never Wasted When Your Wasted All The Time" and "Dead Women Don't Say No" all the way to "You Say Tomato I Say **** You" Come and get yr T-Shirts. 
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Disley
Senior Member
  
United Kingdom
1436 Posts |
Posted - 01/06/2002 : 23:54:13
that was what i was trying to say, except i went all off subject, started contradicting myself and made no sense quote: Prosecuter: Well your honour he didn't exactly say he killed him but he gave me a jolly stern look.
and lmao at that Real insurance claims The other vehicle collided with mine without giving warning of its intensions old man was all ovr the road, had to swerv several times before i hit him I tried to slow down but the traffic was more stationary thaN i thought |
andywill
Starting Member
United Kingdom
44 Posts |
Posted - 01/07/2002 : 00:33:04
Cerebral, yes i am using a service, yes a service is provided. However, the service is not as good as their marketing would have you believe, there are more things to a service than a dragon server or phoenix server, its like have electricity, "well we generate electricity, but its up to you to get the wiring and connect it. By the way that will be x amount each month, thx" lol. Now that is a service provided good or bad what u think?I have said that they are close to a breach. My earlier post about them breching a promise therefore contract is perhaps a little too melodramatic. But i f you know anything about British law, it is that implication & intention is admissable, almost impossible to prove i grant you but nevertheless is still acceptable. I see that the train companies get fined for providing a bad service ie, late trains etc, whats the difference? Actually Sega went pretty much bankrupt a few years ago. Sony and Nintendo DO fine companies that they outsource to provide their games if they are very late on projects which was under their control. The whole point that there is room for us to argue our points goes someway to prove that there is something wrong with the policy, if it was watertight and being followed correctly i wouldnt have a problem. I am just moaning about the bad service, policy or agreement or not, its just not right.
Before u tell me to sod off and stop playing, i cant, this game is too cool. its like McDonalds, stupidly high prices for burgers that give u the craps after 10minutes, but they taste oooh so good, lol. Cant be bothered with siggy anymore Tagred 
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Disley
Senior Member
  
United Kingdom
1436 Posts |
Posted - 01/07/2002 : 00:37:47
i should point out at this time, that i read andywills post (well skimmed it) and i thought "great, another 12 year old wanting to sue"when that huge post came back afterwards i could hear in the back of my mind someone saying "so dis, how did that foot taste" actually i stand by what i said, i think the fact is we arent getting a very good service, this is internals fault not the GM's tho. also we cant sue cos they have done everything they said they would, which is rather a shame Real insurance claims The other vehicle collided with mine without giving warning of its intensions old man was all ovr the road, had to swerv several times before i hit him I tried to slow down but the traffic was more stationary thaN i thought |
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