23 replies to this topic

[Badger]

Neopets T&C:

From the section entitled "MISCELLANEOUS"
"You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain Neopoints or Items from any Neopets game. You agree not to design, disseminate or use any third party programs designed to change the game play on the site including, but without limitations, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to Neopets. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on Neopets, you will pay Neopets, Inc. liquidated damages in the sum of Fifty Thousand Dollars for each such program as liquidated damages. You agree that if you use such a program on the neopets.com website, you will pay Neopets, Inc. liquidated damages in the sum of Five Hundred Dollars for each time you use a program."

O.o
Are they bluffing?
Sure, people get frozen... but I haven't heard of anyone getting fined.

[Seven]

Probably less frequently than people get fined for pirating music.

Which is to say close to never. They're saving themselves a lot of effort by just pushing the freeze button anyways, rather than getting a lawsuit.

[sharky]

I haven't heard of anything about someone getting fined by Neo. It is quite unsettling though.

[ShadowLink64]

Those "damages" cannot be justified in court, and so their TOS is not enforceable by law. I never did agree to their TOS either, because I don't have my own account.

[anbeezy]

I don't think they would really take legal action. It's a bunch of bull to me. Programs have been around since forever so it's not likely that they're going to start handing out lawsuits. Also, it's not like we're taking any real monetary value from them anyway. Items and neopoints are pixels and don't have a $ price on them.

[SuperCow]

I agree to what ShadowLink has mentioned, none of this really means anything by law.

I suppose people who TNT would really fine would be people who have their own websites
and selling pets/items/NPS for paypal.

[Boggart]

haha this made me laugh I owe them hundreds of thousands.

[sharky]

haha this made me laugh I owe them hundreds of thousands.

Yeah they could definitely make some $$$ if they decided to take legal action on users and creators of these programs.

[zandra]

so. how would it cost them 500 dollars in damages everytime we run this program?

[Donaldmax]

lol they just say that to scare you. people r so gullible.

[ToxicS]

They came up with that a few years ago, it's a load of crap.

[Seenie]

haha this made me laugh I owe them hundreds of thousands.

lmao!!!

[Waser Lave]

They took that part out of their Terms and Conditions ages ago, it doesn't exist any more.

[00000]

That's right. I had to accept them today for an old shell. Funny that it would be in the old terms.

[Waser Lave]

That's right. I had to accept them today for an old shell. Funny that it would be in the old terms.

Their lawyers probably informed them that it wasn't actually enforceable so they just removed it because it made them look stupid.

[batryn]

They can't say how much damage you did... because by restocking, legit restockers would have gotten the cash anyways... what're they gonna say? "Oh yea, we're suing you because you've used a program to buy a few pixels with online money?" Then again, people have sued over stupider.

[Melchoire]

Yes, it's a very real danger. You should avoid using programs all together and play neopets legitimately...

[jonahfinn]

wow, i never even bothered to term the Terms and conditions... =p
To think that they'd try scare children into getting massive fines like that...lol

[Badger]

If you also note, they use the term "liquidated damages", NOT copyright infringement.

As such, if it WAS to go to court, they'd actually be need to show HOW the creators of the program contributed to losses (the damages) to the site/business.

Seeing as the programs generate more page hits for the site, keeping it high on rankings and generating more revenue from advertisement placements, this would have been impossible for them to justify damages.

I think thats probably one of the other reasons why the lawyers removed it (other than they wouldn't really have been able to enforce it).

Wow, fail TNT. xD

I did think it sounded a bit far-fetched... good to know it's rubbish.

[iargue]

haha this made me laugh I owe them hundreds of thousands.

And I owe more then you.

Really. 50,000. No wonder all of the other programmers don't want to make new programs.

so. how would it cost them 500 dollars in damages everytime we run this program?

Bandwidth is expensive!


And, for future reference, you cannot include that we do not own the account/items on the account, and that cheating would force us to pay you in the same line. Given that we never own anything, and using these programs never gained us anything, we cannot be held liable. -ever-

[zandra]

Bandwidth is expensive!


And, for future reference, you cannot include that we do not own the account/items on the account, and that cheating would force us to pay you in the same line. Given that we never own anything, and using these programs never gained us anything, we cannot be held liable. -ever-

agreed =D i dont get the concept about buying neocash items if we dont own the items we paid for.

[Alexiel]

Didn't the original Dupe Day founder have some sort of lawsuit by them?
Or was that just a rumor floating around?

[Waser Lave]

Didn't the original Dupe Day founder have some sort of lawsuit by them?
Or was that just a rumor floating around?

If they did the duping by accessing their servers or database then yeah they could take them to court for that.