Possible to sue companies for lack of security/support?

[Snor]

No, I have no read the Terms of Service (only some interesting parts). No, I barely know anything about the law. No, I'm not going to sue anyone.

By security I mean; saving your personal/account information safely, loopholes in the software.
By support I mean; barely any ability to contact the company for issues regarding anything they distribute.

Therefore I'm asking, is it possible (in this case Nexon) to sue a company for lack of security and/or support in the software they distribute? This question is obviously related to recent events in the game.

Like I said, I don't know what they wrote in their Terms of Service regarding sueing. Sony did this recently, as well.

I know you're not forced to use their software and I have better things to do rather than play this, but I'm fairly interested in such things.


Jagex (RuneScape) even managed to patch every single exisiting bot out there and after months, they still have not managed to upgrade their bots. They also sue those who create bots out there. Any reason why they have well-educated programmers and Nexon does not?

[Blades4hire]

You can't go to a restaurant, order food, and then sue them because their service sucks.
Your account is property of nexon.

[maplefreak26]

Account is property of Nexon, and it is your responsibility to keep the credentials secure.

8. PRIVACY/SECURITY.

You understand that any information provided by you or collected by us in connection with your use of the Service will be used in the manner described herein and pursuant to the terms and conditions of our Privacy Policy, such Privacy Policy being incorporated into and made a part of this Agreement by this reference. If you do not agree to the terms of the Privacy Policy, you may not use the Service. Without limiting the terms of the Privacy Policy, you understand that we do not guarantee that your use of the Service and/or the information contained in your Account will be private or secure, and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service.

[ShinkuDragon]

You can't go to a restaurant, order food, and then sue them because their service sucks.
Your account is property of nexon.

pretty sure you can... or maybe this is just me living in the U.S. too long

[Snor]

What about loopholes in their software (this includes exploits etc.)?

[yo72]

This is what a judge would say to you

You can simply not play the dam game jesus

[maplefreak26]

What about loopholes in their software (this includes exploits etc.)?

2.2 Code of Conduct.

While using the Service and Software, you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service and Software. We further reserve the right to determine what conduct is outside the "spirit" of the Service and games provided therein. While using the Service, you agree not to:
Use the Service, Cash Items or Software for any unlawful purpose or in any manner not intended by the Company as contemplated herein and/or on the Site;

[Luxeraph]

Not sure but, wasn't it said before that the TOS more than a shield that can protect them from any lawsuit was actually just there to scare people from doing it?

[Blades4hire]

pretty sure you can... or maybe this is just me living in the U.S. too long

As long as you get the food you ordered, I doubt you could.

[ShinkuDragon]

As long as you get the food you ordered, I doubt you could.

well, the woman that burned her tongue comes to mind, but dunno

[Viaje]

Ugh. Same old song and dance.
Ignorance abounds.

Snor, you're fine.
For the record, you can sue a company for failing to protect your private information.
On the "customer support" end, I'm sure you could, in theory, but I have no idea where the line would be drawn.
Customer support is generally a nicety to encourage continued patronage or to prevent issues from getting to the class-lawsuit level and is rarely a contractual obligation.

Just a bit of information, regarding:

Like I said, I don't know what they wrote in their Terms of Service regarding sueing. Sony did this recently, as well.

Even if Nexon had a clause saying "you cannot sue us", it wouldn't necessarily matter.

You can't go to a restaurant, order food, and then sue them because their service sucks.
Your account is property of nexon.

Depending on how the service "sucks", you certainly can.

You account being Nexon's property doesn't excuse them from being guilty of negligence.

Account is property of Nexon, and it is your responsibility to keep the credentials secure.

Psychpillow, is that you?

What utter bullpomegranate.
Even if a player does those things, certain aspects are out of the customer's hands.
Snor's question is about the latter.
Please don't post irrelevant dribble.

pretty sure you can... or maybe this is just me living in the U.S. too long

OH I GET IT BECAUSE THE UNITED STATES HAS SO MANY LAWSUITS!

This is what a judge would say to you
You can simply not play the dam game jesus

And you can simply choose not to eat at the restaurant whose poor health standards resulted in you getting horribly sick and incurring serious medical bills.

-more quotes from the ToS irrelevant to the question-

That bit from the ToS says they can take any action appropriate.
Snor's question is whether someone could sue if those actions were inadequate.

Not sure but, wasn't it said before that the TOS more than a shield that can protect them from any lawsuit was actually just there to scare people from doing it?

As with any ToS, it is presented as an absolute law while, in fact, certain aspects may be legally unenforceable.
Since the average human being wouldn't know this (as judged by posts I've seen across the Maple fandom), that would indeed protect them from some people who would otherwise contemplate legal action.

(See top part of this post regarding Sony's attempt to tell its customers that they can't sue the company.)

[Exidous]

If you want to sue someone you have to prove they caused some kind of harm. Your MS account is basically imaginary and a judge will lol at you for complaining about losing that.

But if you could prove that Nexon's cash sales were misleading and that you're owed a refund for them bungling some aspect of it, maybe you could nail them on a presumed warranty.

Those of us who don't give Nexon money essentially have no recourse, though.

EDIT: Fun fact about the ToS, if you tried to sue them saying they did something inadequately the ToS says Nexon is responsible for, they'd probably try to kick out of it and say those provisions are unenforceable. If there's no real underlying harm, the court would probably accept that.

[Sarah]

I really wish people would stop thinking Terms of Service are fully legally binding. They are not. They exist for two reasons: one is to make people feel powerless (often successful, as demonstrated here) and the other is to cover their asses as much as possible. While not everything in there would hold in the court of law, it sure as hell gives them more room to argue against the consumer than if they had nothing.

[The Great One]

pretty sure you can... or maybe this is just me living in the U.S. too long

You can only do that if you get sick from the food being prepared improperly or something.

[hongyu]

pretty sure you can... or maybe this is just me living in the U.S. too long

you can sue them if it gets you sick or gives you a decease. Can't sue them, if their food just sucks or if they take like 2 hours to get your food, lol pretty sure they would of refunded you if it took that long

[Combattente]

You'd think they have really good lawyers there, after seeing how much money they earn. So it'd be pretty hard to win in court against them, unless you had one who is as good and can argue your points well enough.

That said, yeah, you can most likely sue them. Afterall, they're responsible of keeping the information you provide them safe, and if they lose them because of poor security it's their fault. You'd have to prove it was for that, and not just a casual accident, though, which would probably be one of the hardest parts.

[Viaje]

If you want to sue someone you have to prove they caused some kind of harm. Your MS account is basically imaginary and a judge will lol at you for complaining about losing that.

When will you people stop?

Those of us who don't give Nexon money essentially have no recourse, though.

Not if a lawyer can prove that virtual items have real life monetary value.

EDIT: Fun fact about the ToS, if you tried to sue them saying they did something inadequately the ToS says Nexon is responsible for, they'd probably try to kick out of it and say those provisions are unenforceable. If there's no real underlying harm, the court would probably accept that.

Hey. Look. Nonsense.

you can sue them if it gets you sick or gives you a decease. Can't sue them, if their food just sucks or if they take like 2 hours to get your food, lol pretty sure they would of refunded you if it took that long

You definitely couldn't sue for the food not being to your taste, but you could possibly sue for them taking excessively long to complete your order.

Of course, as you said, in those instances the restaurant would likely compensate you with a free appetizer or something.
Most people would realize it would be moronic to even attempt to sue for something so minor, and will be more than satisfied with a free plate of cheesy fries.

I really wish people would stop thinking Terms of Service are fully legally binding. They are not. They exist for two reasons: one is to make people feel powerless (often successful, as demonstrated here) and the other is to cover their asses as much as possible. While not everything in there would hold in the court of law, it sure as hell gives them more room to argue against the consumer than if they had nothing.

I like to think of those people as the perfectly pathetic example of why such Terms of Service exist in the first place.


OH, speaking of things I wish people would stop thinking, can we cut the pomegranate with the "a judge would just laugh the case out" bullpomegranate?
Anyone who says such things clearly has an infantile understanding of the court system.
People don't just walk into a court office and declare "I want to sue!"
Before that, they need to consult a lawyer.

Lawyers, having had to take years of schooling to specialize in their specialty, aren't generally idiots.
Good lawyers aren't going to reasonably advise their clients to pursue a lawsuit that has absolutely no chance of ruling in their clients' favor.

You'd think they have really good lawyers there, after seeing how much money they earn. So it'd be pretty hard to win in court against them, unless you had one who is as good and can argue your points well enough.

This is why an individual wouldn't be taking Nexon to court.
They'd start a class-action lawsuit.

[yo72]

And you can simply choose not to eat at the restaurant whose poor health standards resulted in you getting horribly sick and incurring serious medical bills.

I'm not gonna take to the time to read this thread so here is the main reason why I'm pretty damn sure you cant sue them

its a free game so long as your credit card info isnt stolen from their servers they can do as little to help their players as they like
just because you buy nx doesn't mean you are a paying customer you are paying for NX a fake currency that has no value outside from people in ms you can not sue for lost NX or mesos as they are worthless

[Viaje]

I'm not gonna take to the time to read

Yeeeeeeeeeeeeeeah, I'm just gonna assume this is your life motto because it explains everything.

[yo72]

Yeeeeeeeeeeeeeeah, I'm just gonna assume this is your life motto because it explains everything.

No just when you reply to everyone with a paragraph to each sentence they say, to something so stupid as this I'm not going to waste my time reading that BS