• Report: #921251

Complaint Review: Kabam

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  • Submitted: Wed, August 01, 2012
  • Updated: Fri, August 03, 2012

  • Reported By: Gale Dubois — Oklahoma City Oklahoma United States of America
Kabam
959 Skyway Rd, Suite 100 Internet United States of America

Kabam Kabam.com Harassment Permitted though against Terms of Service Internet

*Consumer Comment: Legal?

*Author of original report: So 18 Attacks in 24 Hours isn't Harassment?

*Consumer Comment: Sorry bub

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Greetings again.

I wish to report to you about Kabam's poor Terms of Service enforcement.  For those of you that don't know, Kabam publishes a number of online games that they claim are "free-to-play".  Their Terms of Service specifically prohibit bullying and harassment of other players.

The attached picture shows one of the members of my alliance in the game "Thirst of Night", a so-called "social game".  The image shows a number of spy attempts and an attack.  This many attempts over such a short period of time constitutes harassment.  

Yes, this image was sent to Kabam's "customer support" to be dutifully ignored, as usual.  My group has been under siege all weekend long, most likely from the same person using multiple accounts.  Though multiple accounts are supposed to be against Kabam's Terms of Service, they don't do anything about that either. [continued below]....
.....

For those of you that have paid money to Kabam and feel ripped off, please feel free to copy and use the image I've provided with this report.  Kabam will try calling you a "cheater" in an effort to dispute chargebacks.  Since I know from experience Kabam won't punish violators, and the enclosed image is proof of a violation of Kabam's Terms of Service, please use it as evidence with your credit card/debit card/paypal/etc. to show "breech of contract".

And parents, the image is just a mild case of harassment.  Imagine what your teen would go through over weeks of such behavior, most of it being indulged in by supposed adults.

This report was posted on Ripoff Report on 08/01/2012 11:09 PM and is a permanent record located here: http://www.ripoffreport.com/r/Kabam/internet/Kabam-Kabamcom-Harassment-Permitted-though-against-Terms-of-Service-Internet-921251. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Legal?

AUTHOR: Ashley - (U.S.A.)

" Sorry, "friend", but there's a legal definition for harassment.  Even if it's done via "game mechanics", it still causes undue stress, frustration, and even physical exhaustion when you are subjected to that many attacks in a short time frame.  Though this is a "game", there's still social interaction between people.  And in this case, legal definitions such as harassment apply, given the circumstances.  "

Sorry, but the legal definition of harrassment is unimportant. Can you cite me a law that states repeated spying and attacks on another player in a video game is illegal? Go on, I'll wait while you look it up...

...

Now, when it comes to SOCIAL interactions between players, that's where the game's terms of service come in to play. While you can repeatedly attack someone, if you start messaging them obscene and taunting messages or threating them, that would be harassment. If they are just repeatedly attacking you, that's part of the game play. Whats the difference between 18 different people doing it and one person doing it 18 times? Nothing. When it comes to game play, there is zero difference.

" And to paraphrase Kabam's own "Terms of Service":
"While using Kabam's service, you are prohibited from using said services to: Stalk, harass, threaten, or defraud other Kabam users or any members of Kabam staff, including by bullying, griefing, SHOUTING, flooding, using excessively large images so that the screen goes by too fast to read, or by hitting the return key repeatedly;" "

Sorry, "friend", but there's a legal definition for harassment.  Even if it's done via "game mechanics", it still causes undue stress, frustration, and even physical exhaustion when you are subjected to that many attacks in a short time frame.  Though this is a "game", there's still social interaction between people.  And in this case, legal definitions such as harassment apply, given the circumstances.  

And to paraphrase Kabam's own "Terms of Service":
"While using Kabam's service, you are prohibited from using said services to: Stalk, harass, threaten, or defraud other Kabam users or any members of Kabam staff, including by bullying, griefing, SHOUTING, flooding, using excessively large images so that the screen goes by too fast to read, or by hitting the return key repeatedly;"

And exactly what part of this are they violating by repeated attacks? When I play games, such as the one you play, if another player has something I want or need I will relentlessly assault them. I've been known to attack other players in these types of games until they have been ground in the dust. Its part of the game, if you can't hack it you shouldn't play. If its causing you "undue stress and physical exhaustion" you should probably go see a psychologist. You have some deeper issues.

" I'm attaching another picture, showing the eighteen attacks against one person.  It shows six against one, all occurring on August 2, 2012.  Some of these may be the same person using alternate accounts."

Pure conjecture. You have no proof that the accounts are the same person.

You do realize that companies have been sued successfully for permitting "undue stress" such a situation like this causes?  Imagine if this were a teenager and not an adult.  

Okay, post some of these lawsuits. I would love to read them. Go on and drudge them up, I'll wait.

Kabam lets players such as these run amok in their game just so teens are manipulated into spending money.  That's the only reason Kabam refuses to do anything about enforcing their Terms of Service.

They aren't enforcing it because they don't see a violation of their terms of service. Ultimately they are the ones that decide what is and isnt a violation. Its their game. You should also read the part of their terms that state they may change them at will as they see fit. They can enforce, or not enforce them at their discretion. If you don't like it, don't play. There's no law saying that video games have to be "fair" There's no "breech of contract" You don't have a contract with them. They wrote a terms of service, you either agree with them or don't play. The terms of service does not bind the company to provide you with squat.

Also, if this were not intended game play, why wouldn't they just program the game differently? It would be a simple matter to block multiple attacks and spying from the same person within a certain time frame. The fact that it IS possible lads me to the conclusion that the game designers intended it as a part of game play.


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#2 Author of original report

So 18 Attacks in 24 Hours isn't Harassment?

AUTHOR: Gale Dubois - (United States of America)

Sorry, "friend", but there's a legal definition for harassment.  Even if it's done via "game mechanics", it still causes undue stress, frustration, and even physical exhaustion when you are subjected to that many attacks in a short time frame.  Though this is a "game", there's still social interaction between people.  And in this case, legal definitions such as harassment apply, given the circumstances.  

And to paraphrase Kabam's own "Terms of Service":
"While using Kabam's service, you are prohibited from using said services to: Stalk, harass, threaten, or defraud other Kabam users or any members of Kabam staff, including by bullying, griefing, SHOUTING, flooding, using excessively large images so that the screen goes by too fast to read, or by hitting the return key repeatedly;"

I'm attaching another picture, showing the eighteen attacks against one person.  It shows six against one, all occurring on August 2, 2012.  Some of these may be the same person using alternate accounts.

The image doesn't include the numerous spy reports that also happened.

You do realize that companies have been sued successfully for permitting "undue stress" such a situation like this causes?  Imagine if this were a teenager and not an adult.  

Kabam lets players such as these run amok in their game just so teens are manipulated into spending money.  That's the only reason Kabam refuses to do anything about enforcing their Terms of Service.
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#3 Consumer Comment

Sorry bub

AUTHOR: Ashley - (U.S.A.)

They are just playing the game. Its not harassment. There's nothing against the rules for someone to have a grudge on you (or even multiple someones) that's just part of the game. Get some friends and get them back, no game maker will intervene in a situation like this. Its part of the game.
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