Sign in with
Sign up | Sign in
Your question

XBox Live's New Terms of Service

Tags:
  • Console Gaming
  • Xbox Live
  • Video Games
  • Product
Last response: in Video Games
Share
November 4, 2010 5:15:26 PM

So I applied the new Dashboard update to my XBox 360 just now. I'm sorta bleh on how it looks and curious as to why Microsoft has had to have 3 different dashboards in the same time that the PS3 and Wii have only had one... but anyway, I go to sign onto XBox Live and get a notice that the terms of service have changed and that I must agree to them in order to continue using the service.

On a fluke, I actually start to read the terms of service. Normally I don't do such a thing, but I'm glad I did this time because there is a really interesting bit of trickery in this contract... Look closely at Section 1 Paragraph 3:[1]

"The Service is offered to you conditioned on your acceptance of all terms in this contract. By selecting "ACCEPT" below, you are representing that you are 18 years old (and have reached the “age of majority” if that is not 18 years of age where you live), the information you provided to Microsoft during Service signup is truthful and accurate, and you are attaching your electronic signature to and agreeing to all terms in this contract. In addition, if you were a party to a prior version of this contract, that version may have stated that the contract can only be updated on 30 days’ notice. By selecting “ACCEPT” below, you are also agreeing to waive the applicability of this notice requirement. If you do not agree to this contract, in its entirety, or if you were a party to a prior version of this contract and do not agree to waive the notice requirement, you must select "DECLINE" and discontinue your registration, and you will have no right to use the Service."

Do you see it? If not, let me snip the part that is important:

"In addition, if you were a party to a prior version of this contract, that version may have stated that the contract can only be updated on 30 days’ notice. By selecting “ACCEPT” below, you are also agreeing to waive the applicability of this notice requirement. If you do not agree to this contract, in its entirety, or if you were a party to a prior version of this contract and do not agree to waive the notice requirement, you must select "DECLINE" and discontinue your registration, and you will have no right to use the Service."

Now do you see it? Microsoft is saying, right there, that they just violated the terms of their previous contract with us, and that we either have to agree to waive the applicability of that part of the contract or LOSE OUR RIGHT TO USE THE SERVICE. We have to allow them to break a contract in order to use a service which we were already contractually able to use, by the very contract they wish to break. Now, I don't know about you, but this just SCREAMS lawsuit to me.

What do you think?

[1] - Xbox Live Terms of Use

More about : xbox live terms service

November 6, 2010 12:34:30 AM

It seems pretty minor in this case. If it were for a more serious offense I would be more concerned but it looks like they issued the ToS without 30 days notice. It is minor when the release is for Kinect functionality. Maybe I am missing something.

It is a shady action but in this case I think negligible.
Anonymous
November 11, 2010 8:22:32 PM

I saw somewhere recently that the cost of Live is going up.. namely, because of new services I will never use (access to ESPN, etc) and I think that Microsoft is basically saying 'we are going to charge you more now than you originally agreed to, whether you like it or not, and if you don't agree, we are cutting you off now." We still have 6 mos left on our Live account to use, and of course, it is at the lower price - and now they added features, and even if you don't use them, they want to immediately charge you for them. Verizon did the same thing to me recently - I got my daughter a phone on my acct for 9.99/mo. She is not allowed to use the internet on her phone. I got my bill, and am being charged 19.99/mo. I called verizon and they told me "that particular cell phone has internet capability, so we charge you for the data package." No way around it. So that is how the world is going now - as long as something is available, they will charge you for it, even if you never use it, or even want it. Next I'll be paying for bridges, tunnels and airlines because 'they are available' to me. I miss the old days.
Related resources
December 1, 2010 9:52:39 AM

people who use Xbox are suckers. go the way of the PC.... at least you don't have to pay for new maps and updates. not to mention... IT'S ALL FREE. go figure.
December 1, 2010 9:55:50 AM

Quote:
I saw somewhere recently that the cost of Live is going up.. namely, because of new services I will never use (access to ESPN, etc) and I think that Microsoft is basically saying 'we are going to charge you more now than you originally agreed to, whether you like it or not, and if you don't agree, we are cutting you off now." We still have 6 mos left on our Live account to use, and of course, it is at the lower price - and now they added features, and even if you don't use them, they want to immediately charge you for them. Verizon did the same thing to me recently - I got my daughter a phone on my acct for 9.99/mo. She is not allowed to use the internet on her phone. I got my bill, and am being charged 19.99/mo. I called verizon and they told me "that particular cell phone has internet capability, so we charge you for the data package." No way around it. So that is how the world is going now - as long as something is available, they will charge you for it, even if you never use it, or even want it. Next I'll be paying for bridges, tunnels and airlines because 'they are available' to me. I miss the old days.

uh - i don't see why, as i have a blackberry and bell alliant doesn't charge me for the data plan. call and make a big stink. people like you are the reason why they walk all over customers. you simply sit down and let it happen. call them and say you don't like it, make a big goddamn stink and they'll have to take it off. you already pay for bridges, airlines, roads, sidewalks, etc. it's called "federal taxes". NEVER let a company run you.
!