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The_Illusive_Man #1 Posted Oct 05 2019 - 00:34

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http://legal.na.warg...ence-agreement/

 

25. Dispute Resolution and Arbitration

25.1 Generally. In the interest of resolving disputes between you and Wargaming in the most expedient and cost effective manner, you and Wargaming agree that any and all disputes arising in connection with this EULA shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this EULA. >>>> YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND WARGAMING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. <<<

 

So, according to Canadian law, this is illegal in most provinces, except:

  1. Alberta ­– Waivers permitted if clause approved by minister
  2. British Columbia – Waivers permitted if clause does not conflict with consumer protection legislation

 

So, my question is: Is it legal for a Canadian to play this game, with that in the EULA? Or is it just something we just ignore?

 



ATruk #2 Posted Oct 05 2019 - 00:47

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Are you asking if we need permission from the Queen to play a video game? 

Helpless #3 Posted Oct 05 2019 - 00:53

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wg is located in the us..... u gotta follow us law.... if u dont wanna follow it... dont play.... thats a choice....

canadian laws apply to canadian businesses.... not international laws.... so ya its legal for canadians to agree to the eula....


Edited by Helpless, Oct 05 2019 - 00:54.


The_Illusive_Man #4 Posted Oct 05 2019 - 00:55

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View PostHelpless, on Oct 04 2019 - 20:53, said:

wg is located in the us..... u gotta follow us law.... if u dont wanna follow it... dont play....

canadian laws apply to canadian businesses.... not international laws.... so ya its legal for canadians to agree to the eula....

 

Thats a bit wrong... Canadians follow CANADIAN law. Not American.



Helpless #5 Posted Oct 05 2019 - 00:56

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View PostThe_Illusive_Man, on Oct 04 2019 - 23:55, said:

 

Thats a bit wrong... Canadians follow CANADIAN law. Not American.

Canadians follow CANADIAN law in canada......

the eula falls into international law which applies.....


Edited by Helpless, Oct 05 2019 - 00:58.


The_Illusive_Man #6 Posted Oct 05 2019 - 00:58

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View PostHelpless, on Oct 04 2019 - 20:56, said:

not true.... international law applies.....

 

Dont think there is any international laws that apply here....

 

In fact, im not aware of ANY international laws...


Edited by The_Illusive_Man, Oct 05 2019 - 00:59.


Helpless #7 Posted Oct 05 2019 - 01:01

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View PostThe_Illusive_Man, on Oct 04 2019 - 23:58, said:

 

Dont think there is any international laws that apply here....

 

In fact, im not aware of ANY international laws...

what about copyright laws????..... u ever hear of them???.... are they international???



HOTA_CHATON #8 Posted Oct 05 2019 - 01:03

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View PostThe_Illusive_Man, on Oct 04 2019 - 17:34, said:

 

So, according to Canadian law, this is illegal in most provinces, except:

  1. Alberta ­– Waivers permitted if clause approved by minister
  2. British Columbia – Waivers permitted if clause does not conflict with consumer protection legislation

 

So, my question is: Is it legal for a Canadian to play this game, with that in the EULA? Or is it just something we just ignore?

 


It's just ignored.



Helpless #9 Posted Oct 05 2019 - 01:08

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View PostHOTA_CHATON, on Oct 05 2019 - 00:03, said:


It's just ignored.

it falls into international law..... since the servers are based in texas... everyone follows us law.... if the servers were in canada... then itd be canadian law....

 

everyone who agrees to the eula agrees to a wg user license... thats copyright... thats international.... 


Edited by Helpless, Oct 05 2019 - 01:11.


Hellsfog #10 Posted Oct 05 2019 - 01:09

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View PostThe_Illusive_Man, on Oct 04 2019 - 18:55, said:

 

Thats a bit wrong... Canadians follow CANADIAN law. Not American.

Maybe not. There is a substantial jurisprudence surrounding choice of law. There may be another clause in the EULA addressing choice of law or it may be governed by a treaty or statute. 

Or it may be as simple as 

View PostHOTA_CHATON, on Oct 04 2019 - 19:03, said:


It's just ignored.

 

 



Waarheid #11 Posted Oct 05 2019 - 01:15

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1. It is illegal for non-lawyers to give legal adivice. The following is my non-professionsl opinion about the clause as I read it.

 

 

What the clause means is that you agree to binding arbitration to resolve disputes, unless the laws in your jurisdiction prohibit such contractual clauses. 

It has nothing to do with whether you can play the game or not. It's only about dispute resolution. In any case international law is a messy thing that is constantly being adjudicated, so if you have deep pockets, get into a situation where you have a legal dispute with WG, and wish to challenge the clause (assuming they want to go to arbitration) you can. 


Edited by Waarheid, Oct 05 2019 - 01:22.


Carde #12 Posted Oct 05 2019 - 01:29

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nah
 

Edited by Carde, Oct 05 2019 - 01:57.


SporkBoy #13 Posted Oct 05 2019 - 01:48

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None of that stuff means anything if you have a stellar legal team.

Helpless #14 Posted Oct 05 2019 - 01:51

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View PostSporkBoy, on Oct 05 2019 - 00:48, said:

None of that stuff means anything if you have a stellar legal team.

i dont think 2 beavers and a moose are going to do much in a us court of law......



Kliphie #15 Posted Oct 05 2019 - 02:15

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I haven't stayed in a Holiday Inn Express in years; sorry, can't help.  

Prayton007 #16 Posted Oct 05 2019 - 04:08

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to a point it is.  If something arises that is capable of being cover in a trial, you have to use this step first. But WG CAN NOT limit you to only this step as a citizen of the US you have a right to take it to court before a judge and jury if this step does not resolve the issue.

PanzerXO #17 Posted Oct 05 2019 - 04:21

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View PostThe_Illusive_Man, on Oct 04 2019 - 18:34, said:

 

So, according to Canadian law, this is illegal in most provinces, except:

  1. Alberta ­– Waivers permitted if clause approved by minister
  2. British Columbia – Waivers permitted if clause does not conflict with consumer protection legislation

 

So, my question is: Is it legal for a Canadian to play this game, with that in the EULA? Or is it just something we just ignore?

 


I ain't no Cannuk lawer - but; I would guess that the adhesion contract is void against Canadian citizens in places where the jural rights are protected by law.



Siergen #18 Posted Oct 05 2019 - 04:36

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I am also not a Canadian lawyer, but I am aware of several contests that allow people in the US and Canada to participate except Quebec.  Since the laws of Quebec prohibit that type of contest, people in Quebec are prohibited from participating.  If Canadian national law prohibits the EULA offered by WG for access to their servers, wouldn't that mean that Canadians are prohibited from accessing WG's servers?

heavymetal1967 #19 Posted Oct 05 2019 - 05:10

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What happens to a lawyer do when he takes Viagra?

 

He gets taller.

 

:trollface:

 

 

 

 

 



GeorgePreddy #20 Posted Oct 05 2019 - 05:16

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Here is all you need to read and understand when it comes to suing WG over 50 bucks worth of pixels you rented from them:

 

 

 

 

 

 

 

 






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