Response from NCsoft Support (About Refunds)


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Posted

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Originally Posted by White Hot Flash View Post
That's about how I feel about this particular situation.

Anytime you buy Time in advance, you're running the risk that you won't be able to actually use it when the time comes to do so.

And whoever stockpiled thousands of points "just in case" gets no sympathy at all. Why would you spend money for points you might use later when you can just spend money for points that you want to use right now? Why should a company refund someone for poor planning by the customer? If this sounds harsh, it's called Life. Welcome to it.

If I were looking for refunds, I'd stick to game time only. Microtransactions are usually "buyer beware."
I bought extra Paragon Points to get into higher levels of the Tiered VIP Rewards.


 

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Originally Posted by Captain-Electric View Post
Word for word, this describes the stance I'll default to after November if NCSoft carelessly sacrifices our community (carefully worded form letters to the Press notwithstanding) without first seeking another home for it. My stance certainly does not matter in and of itself, but I have a feeling it matters along with thousands of other customers and all the ill-will they're capable of spreading over the next decade. I was there in September, 2004 in the last moments before Earth and Beyond's servers flickered out for the last time (Galileo server forever! Jenquais forever!). I watched (and helped) that community stick their thorns in EA's side for years and years afterward--efforts which did NOT go unnoticed LOL (and now we're all playing our game again--for free on our own servers ). Trust me and stay away from the lame-o club, NCSoft. Not the road you want to go down! Do the right thing while there's still time!
I want to chime in on this sentiment. I didn't like how Wizards of the Coast handled the switch from 3.5 to 4 of their Dungeons and Dragons franchise. I've never bought a 4th edition product because of it.

What NCsoft is doing now is much much worse and would make me boycott the company for as long as they exist.

People have long memories. I know my mother still sticks with certain brands and avoids others because of things they did 20-30 years ago.


 

Posted

But look at how NCsoft is looking at the CoH-players now..

1 side they want to keep this game alive no mather one, but on the other hand they already discussing class-action lawcases to get their money back. You think that would help on pushing NCsoft to keep the game up?


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Posted

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Originally Posted by RogerWilco View Post
I bought extra Paragon Points to get into higher levels of the Tiered VIP Rewards.
I also did this on my second account with the intention of going FTP with access to what I needed on that account while still paying for my main one. I never actually stopped paying and have about 5K points still on it.

My main account was paid 6 monthly (I lose about a month's paid time) and the second one monthly so no huge loss to me, but I'm still angry with the way NCSoft is handling this. If CoH dies, I want nothing to do with NCSoft, certainly not a sub to one of their games where I can invest time and energy to then have it closed down on a corporate whim when it's not doing badly.


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Posted

This reminds me of the debacle behind the store bought Performance Shifter proc. Paragon decided to change how it worked and offered no compensation to early adopters, basically giving them the big "f u". Well, now we have this.


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Posted

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Originally Posted by blueruckus View Post
This reminds me of the debacle behind the store bought Performance Shifter proc. Paragon decided to change how it worked and offered no compensation to early adopters, basically giving them the big "f u". Well, now we have this.
Except there's a giant difference and the two don't compare at all.

The PS proc is covered under the EULA. It's an item that is SUBJECT TO CHANGE. As anything in the game itself always is. If they couldn't change items in-game, they'd risk having a potentially broken item permanently part of the game and unbalancing game-play forever. When they changed the way the proc worked, they didn't take the actual proc itself away. You still have what you paid for. If they had deleted the proc from the game, then you could claim fraud.

Now, when you talk about taking away the game itself, when you allowed people to buy time to play it ahead of time, you are actually TAKING AWAY THE PRODUCT. A transaction was made in good faith and is now being dishonored.

Big difference.


@Rylas

Kill 'em all. Let XP sort 'em out.

 

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Originally Posted by Gothica View Post



 

Posted

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Originally Posted by RogerWilco View Post
I bought extra Paragon Points to get into higher levels of the Tiered VIP Rewards.
I know you were posting this in response to WHF, but I did want to mention on this specific that those of us who did this (I did it too on my second account) did get something out of it. We gained extra Paragon Rewards benefits on our accounts.

Even if I never get to spend the points I bought doing that, I did get at least partial value out of that expenditure, and still am getting benefit out of it now.

Overall, I'm pretty unconcerned about points never spent. I mean, I'm not crazy bout it, but I wouldn't consider going after NCSoft relating to points even if it were easy to drag them into some sort of process for such claims.

Lost subscription time is a different beast all together for me, and I would consider going after them for that even knowing what a pain in the *** it could be.


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Originally Posted by UberGuy View Post
Lost subscription time is a different beast all together for me, and I would consider going after them for that even knowing what a pain in the *** it could be.
Hear, Hear.


 

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Originally Posted by Samuel_Tow View Post
I don't want to speak about the legality of the whole thing, but I will say this:

If a company takes a 6-month subscription from me and then shuts down the service three months later (as is my case), it owes me three months of subscription. If the company flatly refuses to do the right thing and instead gives me vouchers for its other products that I don't want, then I no longer want anything to do with the company.

I know I have a reputation as a hothead around here, but this only extends to situations where I actually care and respect the source of the argument. I'll argue and rage about City of Heroes because I love the game. But NCsoft? I find their conduct throughout all this to be repugnant. To the point, in fact, where I no longer care to be angry at them. This has gone beyond anger and into blacklisting. If that's how NCsoft treat their customer, then I will simply take my business elsewhere and never come back.

Keep my money and keep your vouchers, NC. You no longer interest me in the slightest. Welcome to the ranks of UbiSoft and EA.
Way to go Sam, glad you....er, wait? What?

What happened to this guy:

Quote:
Originally Posted by Samuel_Tow View Post
While I want to support Paragon Studios and City of Heroes any way I can, turning this into guerilla warfare and antagonising people helps nobody. Especially since antagonising NCsoft hurts everyone equally, considering they're the ones that need to be convinced to do something with the game - revive it, sell it off, open-source it, whatever. You CANNOT force NCsoft to do anything. End of line.

Take it from me, trying to foist an ideological struggle on people never works. Sure, you may get a few very devoted co-conspirators, but as passionate as we are about City of Heroes, you have to recognise that not as many as you think are willing to abandon all comfort and sit out in strikes all day and all night. Doing anything at all for City of Heroes isn't going to happen by force. Simple as that.
Oh wait, I get it. Now that it's YOUR money not getting refunded to YOU that it's ok to go "
antagonising NCsoft". Before that it was a bad thing. Got it.

Funny thing is in that thread when they were discussing SW: TOR you never mentioned that you were boycotting EA.

Well, in either case, welcome to the Revolution.


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Originally Posted by JoeKent View Post
Way to go Sam, glad you....er, wait? What?

What happened to this guy:



Oh wait, I get it. Now that it's YOUR money not getting refunded to YOU that it's ok to go "
antagonising NCsoft". Before that it was a bad thing. Got it.

Funny thing is in that thread when they were discussing SW: TOR you never mentioned that you were boycotting EA.

Well, in either case, welcome to the Revolution.
I think there's a difference in saying you can't force NCSoft to continue the game and saying that ending service mid-payment arrangement requires a refund.


@Rylas

Kill 'em all. Let XP sort 'em out.

 

Posted

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Originally Posted by Kentor1701C View Post
It certainly sounds like pushing GW2 on us is exactly what they are doing.
An attempt that will be utterly wasted on those of use who play on Macintosh computers. CoH is/was the only Mac-compatible game in NCSoft's stable. I'm not going to spend hundreds or thousands of dollars on a gaming PC just to "take advantage" of such an offer. I do have a $400 Windows 7 laptop, and I tried Aion (and games from other companies) on it. I discovered three things:

1) I didn't like Aion at all

2) That laptop is really too underpowered for gaming

3) Trying to game on a laptop when you're accustomed to gaming on a desktop is extremely aggravating


 

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Originally Posted by Rylas View Post
I think there's a difference in saying you can't force NCSoft to continue the game and saying that ending service mid-payment arrangement requires a refund.
No , that was about boycotting Ncsoft. Before Sam's money got involved he was against it. Now he is for it . Bully for him but I have to point out the hypocrisy.


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Posted

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Originally Posted by JoeKent View Post
Oh wait, I get it. Now that it's YOUR money not getting refunded to YOU that it's ok FOR YOU to go "
antagonising NCsoft"
...is what I think you meant. That is, he's not rallying everyone for massive boycotts just stating what he's going to do with his money.

Even me, the person who's been going on and on about how boycotting and blisting NCsoft won't do you any good, the person that hasn't bought GW2 yet but is going to buy it today...still is of the opinion that your money is your money and you're not evil for spending it on a product you want to support owned by a company you don't like nor are you anything bad for choosing to withhold your money specifically because you choose not to deal with the company.

To paraphrase, don't call me some traitor for buying GW2. Don't say people refusing to deal with NCsoft are 'punishing' ANet. It's your money and you should be allowed to express your stance as a consumer with it. Period.


 

Posted

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Originally Posted by JoeKent View Post
No , that was about boycotting Ncsoft. Before Sam's money got involved he was against it. Now he is for it . Bully for him but I have to point out the hypocrisy.
Again, two different things being discussed in what you've quoted.

Trying to sway others into boycotting a company in hopes of getting a game saved or in hopes of ruining their finances is one thing. Saying you no longer want to do business with a company on a personal level because you find their lack of business ethics a turn off is another.


@Rylas

Kill 'em all. Let XP sort 'em out.

 

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You have GOT to be kidding me. I paid $45 for 3 months the day before they announced the game shutting down. That is complete and utter ********. They OWE me a refund.


 

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Originally Posted by Unhearted View Post
You have GOT to be kidding me. I paid $45 for 3 months the day before they announced the game shutting down. That is complete and utter ********. They OWE me a refund.
....september...october...november 30th...

By my calculations (with my fingers), that's about 3 months.


 

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Originally Posted by Unhearted View Post
You have GOT to be kidding me. I paid $45 for 3 months the day before they announced the game shutting down. That is complete and utter ********. They OWE me a refund.
So you paid for three months and as Leo pointed out the servers will be up for three months so unless you drop down to Premium between now and then you're not entitled to a refund.


 

Posted

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Originally Posted by Leo_G View Post
....september...october...november 30th...

By my calculations (with my fingers), that's about 3 months.
Quote:
Originally Posted by Forbin_Project View Post
So you paid for three months and as Leo pointed out the servers will be up for three months so unless you drop down to Premium between now and then you're not entitled to a refund.
I thought it was a tongue-in-cheek kind of comment. *shrug*


@Rylas

Kill 'em all. Let XP sort 'em out.

 

Posted

Quote:
Originally Posted by Rylas View Post
I thought it was a tongue-in-cheek kind of comment. *shrug*
Right, my reply was sort of tongue-in-cheek too. The smilie was more like a 'Yay! You didn't get bum****ed that bad!'


 

Posted

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Originally Posted by Rylas View Post
I thought it was a tongue-in-cheek kind of comment. *shrug*
We've had people make far more outrageous complaints who were quite serious about them so it can be hard to tell without an emoticon or other indication.

Like the guy that thought the Science Booster would entice children into cross dressing

or the guy that argued that the Freebie Friday items were comparable to giving spoiled rotting food to a starving person.



 

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Originally Posted by LadyPhoenix View Post
And this is my worry ... so many ppl keep saying that if you were VIP when the announcement hit, then you're VIP till the end. And I don't think that's true .. My monthly sub hit JUST before the announcement, and I'll be effing pissed if I get dropped because they've decided to pull this ***** move.
It's been a crapshoot for it so far. Mine ran out right before the announcement and I was unable to re-VIP, but some people who were VIP after the announcement have been able to stay VIP.

Granted they made beta available for everyone...but dammit! I want my character slots open! I need huggles from my toons!


 

Posted

I have a feeling AMEX will be hearing from me.

I never really expected much form NCSoft in terms of customer service, but their handling of this sunset has got to be a textbook case of what not to do.

Or maybe they are so busy dealing with the GW2 account hacking that they don't have time to bother with CoX players?


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Originally Posted by Oedipus_Tex View Post
Scenario: Arcanaville is a popular CoH forum poster. She decides to design a new video game that competes with NCSoft, and names it "Arcanaville" in order to trade on her popularity. Can NCSoft stop her by claiming that it owns the name "Arcanaville" on the grounds that it was her forum ID and/or character name?

Answer: Almost certainly not. The most they could likely do is take away her forum ID or character name, if she was still using them. They own the "Arcanaville" name exclusively in terms of their own servers and the CoH world.

A bit of a greyer area would be if they had created their own game named "Arcanaville." That would be getting into an issue I'm not sure has ever been tested. How much ownership, for example, does WoW have over "Leeroy Jenkins?" I don't know that anyone has an answer. Regardless, unless you are Arcanaville or Leeroy I doubt you have much reason to worry.
The letter of the law says I can make that game. I own the copyright of anything I create, and that automatic copyright protection by virtue of authorrship cannot be transferred to NCSoft by EULA, for the simple reason that black letter law says ownership of creations cannot be transferred except specifically, and in writing. "Everything you make in the game" is not "specifically" and copyright law was explicitly written to protect against such transfers.

On the other hand, they could also make that game. I did extend to NCSoft a non-exclusive right to use my creations for any purpose they wish. That's *not* prohibited by copyright law. So NCSoft could use my forum handle, my character names, and my characters themselves to market some new game if they wished.

Also, I'm not sure why people think deleting their characters terminates those rights. Once that right to use was granted, deleting the bits on their servers does nothing to amend that right. They could restore your characters from backup if they wished, and still use them. Its only an interesting action to delete your characters if you think NCSoft doesn't back up anything and deleting the characters made them permanently unreachable or unusable by NCSoft. Which I think is unlikely, given they permanently log everything that happens on the servers.


Quote:
EDIT: I should add something to the last item here. The reason NCSoft probably would not risk directly cloning any individual character is that there is some possibility the creator either had a trademark/copyright on the character outside of the game, or even that the character was a ripoff of a trademark the player never owned. Because of this I'm not sure if there has ever been a case of a MMO deliberately thefting a player's character. What probably has happened is MMOs creating new characters who are very similar to at least some of the player characters, but this is not a violation (in fact it's part of why they make you sign a EULA, so you can't claim Desdemona is a clone of your character, "Hotpants Demon.")
The EULA demands that we not use content for which we cannot follow the EULA. So if we use something we previously created outside the game, we as authors do have the right to extend to NCSoft the rights mentioned above: non-exclusive perpetual right to use. If you had the copyright to your characters *before* using them in the game, you've just extended to NCSoft the right to use them. If you *didn't* own those rights, NCSoft would, in using them, be violating someone else's rights. But I believe they would have a safe harbor there; if the violation wasn't obvious, they could claim they acted in good faith by using something a player was supposed to have the rights to. They could then sue *you*.

I agree its unlikely this would happen, but legally it can happen.


This is the relevant part of the EULA:

Quote:
(b) You acknowledge, and further agree, that You have no IP right related to any Account ID, any NCsoft Message Board ID, any communication or information on any NCsoft Message Board provided by You or anyone else, any information, feedback or communication related to the Game, any Character ID or characteristics related to a Character ID, any combination of the foregoing or parts thereof, or any combination of the foregoing with any Service, Content, Software, or parts thereof. To the extent You may claim any such IP right(s), You hereby grant NCsoft a worldwide, non-exclusive, no-charge, royalty-free, sub-licensable, perpetual and irrevocable license and full authorization to exercise all rights of any kind or nature associated with such IP right(s), and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known. Your license to NCsoft includes, but is not limited to, all necessary trademark licenses, all copyright licenses needed to reproduce, display, publicly perform, distribute and prepare derivative works of any such IP right, and all patent licenses needed to make, have made or otherwise transfer, use, offer to sell, sell, export and import related to such IP right(s). In addition to the provisions of Section 13 below, You further agree to defend, indemnify and hold harmless NCsoft with respect to any claim by third-parties that any such license to any such IP right(s) misappropriates, violates or infringes any third-party IP right or other proprietary right.


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