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Fiddleback

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Posts posted by Fiddleback

    Please Double Check the UA

    in Suggestions & Feedback

    Posted

    Thank you, that is much more clearly explained.

     

     

    To start off: I am not your lawyer; you are not my client; and this does not constitute actual legal advice nor the formation of a legal relationship.

     

    You're asking about section 6(a) of the User Agreement, which reads as follows:

     

    (a) In addition to the provisions of Sections 3(b) and 5(b)(vi), You agree to defend, indemnify and hold harmless Homecoming, any third-parties under agreement with Homecoming, any parent, subsidiary or affiliate of Homecoming, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Game and any person or entity that becomes aware of Your use of the Game at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney's fees and costs) that arise under, from or in any way, directly or indirectly, relate to:

     

        (i) Your failure to comply with any provision of this agreement; and

        (ii) Your use of the Game, including but not limited to economic, physical, emotional, psychological or privacy related considerations.

     

    }-----snip----{

     

    Now, for the explanation:

     

    First, the entirety of section 6(a) is bounded by the the following (i) and (ii) clauses. Note that both these clauses specifically state Your. This means that anything you read (in section 6(a)) only applies to your conduct and use of the game, and not to any hypothetical third-party lawsuit. The common-law understanding of indemnity is that it must be bounded by explicit scope, and indemnity does not apply outside that scope.

     

    Second, 'defend' here is a legal term of art. It means that if we are sued for anything within the scope of the indemnity (that is, violation of the User Agreement, your conduct within the game, or your use of the game), you must defend us. Again, this requirement is specific. If we are sued for something not specifically involving you or your conduct, you have no obligation here. Again, if a hypothetical third-party were to sue us and your actions, conduct, or use were not specifically part of the lawsuit, you would have no obligation to us.

     

    You can find another reference here: https://www.dlapiper.com/~/media/files/people/hamilton-michael/cpexecutive--indemnify-defend--hold-harmless--august-2014.pdf. Note especially point 11 from this document: An indemnity that protects the indemnitee from the consequences of his or her own illegal acts is not enforceable. (For the purpose of section 6(a), Homecoming, our employees, etc, etc are the indemnitees)

     

    Hopefully this helps assuage your concerns.

    Telephone

    Please Double Check the UA

    in Suggestions & Feedback

    Posted

    HC Team,

     

    Please double check the UA to make sure it is saying what you mean it to say.

     

    As written, various sections beginning with 'required to defend..."suffer from trying to cram too much into a single sentence while attempting to separate what should be independent clauses with nothing but commas. This lacks clarity and hinders understanding while making it seem we, the game playing public, will end up defending (in a legal way) you, the HC team, for and from a variety of different potential problems.

     

    I'm certain that's not what you intend, but it is definitely how it sounds.

     

    Bearing in mind that the UA itself requires that we who accept it both read and understand the UA, some clarification on this matter from the HC Team would be appreciated as would appropriate necessary adjustments to the UA itself.

    Brute: Electric Melee - Thunder Strike

    in Bug Reports

    Posted

    I know many of the melee power sets have a similar animation. On the Electric Melee Brute, Thunder Strike, which is the one in which the hero jumps into the air slowly and comes down with both fists on the bad guy, fails to fire the animation about 80% of the time. The noise plays, the target is struck and damage and effects are done, but the animation fails and the hero is just standing there the whole time.

    NCSoft's Intellectual Property and Server Migration from EU to NA

    in Suggestions & Feedback

    Posted

    Your conspiracy theory is amusing, but ultimately uninteresting.

     

    Our donations were not for playing the game. Our donations were for these fine folks to buy some server space and resources on which to run some code.

     

    I'm sure actual lawyers with actual experience will have actual opinions when something actually happens. Until then, we're all aware what could happen. Up to and including little green men coming along and dematerializing the servers themselves. If we're going to speculate, let's speculate big.

     

    Otherwise, it just sounds like you're trying to start something. And it doesn't seem like anyone is interested.

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