Taking blizzard to small claims court

So blizzard is refusing to fix the character name change problem they have had for over 8 months and they lied about the minimum requirements needed to run d2r as it takes way more than 8gb to run this game.

They are refusing to give me a refund, I was going to take them to small claims court for violating their terms of service on support and also bait and switch tactics on a new game launch.

I find it amusing that they just blow people off like it’s nothing after we give them money, I mean they are in violation of their terms of service I have it printed out. I don’t know how the expect to survive me.

Next time, I would suggest reading the terms of use carefully before you click accept. Here are some highlights which pertain to this discussion:

Summary
Blizzard End User License Agreement -> https://www.blizzard.com/en-us/legal/fba4d00f-c7e4-4883-b8b9-1b4500a402ea/blizzard-end-user-license-agreement

IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE PLATFORM.
THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION.” THIS AFFECTS YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE” BETWEEN YOU AND BLIZZARD AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE BLIZZARD PLATFORM. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN FOURTEEN (14) DAYS AFTER YOUR PURCHASE OF A GAME FROM BLIZZARD, YOU MAY CONTACT BLIZZARD THROUGH https://us.battle.net/support/en/ TO INQUIRE ABOUT A FULL REFUND OF THE PURCHASE PRICE OF THAT GAME. IF YOU PURCHASED A GAME AT RETAIL, YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE RETAILER’S RETURN POLICY.
Your use of the Platform is licensed, not sold, to you, and you hereby acknowledge that no title or ownership with respect to the Platform or the Games is being transferred or assigned and this Agreement should not be construed as a sale of any rights.

Another section regarding the terms of sale:

1 The Platform.

vii. YOU ACKNOWLEDGE THAT BLIZZARD IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO BLIZZARD FOR USE OF THE PLATFORM, OR FOR DIGITAL PURCHASES MADE THROUGH THE PLATFORM, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE LAW.
A. The Battle.net Account.

B. Grant of License.
iv. Other than as set forth above, Blizzard does not recognize any purported transfer of the Games.

C. License Limitations.
x. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof, or your rights to the Platform to any other party in any way not expressly authorized herein.

D. Platform and Game-Specific Features.
i. Platform Features:

2. Battle.net Balance.
a. Blizzard grants you a limited license to acquire, use, and redeem Battle.net Balance pursuant to the terms of this Agreement. Regardless of how it is acquired, Battle.net Balance is non-transferable to another person or Account, does not accrue interest, is not insured by the Federal Deposit Insurance Corporation (FDIC), and, unless otherwise required by law or permitted by this Agreement, is not redeemable or refundable for any sum of money, monetary value, or anything of value, from Blizzard at any time.

This other section at the bottom, which you bound by, as you signed the agreement, deals more with indemnity, and this preconceptual idea you have of “Taking blizzard to small claims court.” The only qualification I have at this point, is that I have simply read the license agreement before clicking accept, like most other people who have an account:

6. Limitations of Liability. To the fullest extent allowed by applicable law, Blizzard, its parent, subsidiaries, Licensors and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Platform or Account(s).

7. Indemnity. You hereby agree to defend and indemnify Blizzard, its parent, subsidiaries, Licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Blizzard arising out of or from any violation by you of this Agreement or your misuse of the Platform or Account(s), or of any specific services or features associated therewith, including but not limited to User Content, Custom Games, Game Editors, Battle.net Balance, and this Agreement.

11. Dispute Resolution.
D. CLASS AND COLLECTIVE ACTION WAIVER. To the fullest extent allowed by applicable law, you and Blizzard agree that neither of us may participate as a class representative, private attorney general, or as a member of any class of claimants for any Dispute subject to arbitration or for any non-arbitrable claim pursued in court. The arbitrator and any court shall construe the agreement to arbitrate and the agreement to waive class or collective actions in any manner that will render them enforceable and give them effect. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then entirely void.

12. General
E. Blizzard shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Blizzard, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

H. The provisions of Sections 2, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement for any reason.
1 Like

No, it does not. I have been playing D2R on a 2013 laptop with 8GB of RAM. As for char name change issue, not sure what you are talking about, you can’t change names for the online characters and there is no game feature to change names.

Yes, if you have played more than 2 hours, or waited more than 2 weeks, you are not eligible for a refund. Here is the Refund policy.

Then you are aware that you agreed to arbitration for disputes. Point your lawyer to the EULA.

Please scroll down to Dispute Resolution.

Note: MVPs are other players, not Blizzard staff. MVPs do not speak for, or represent, Blizzard.

No different than any of the other issues that Bliz refuses to address. For instance the screwed up layers in Classic SOM. They know that the BB and Ratchet have major issues resulting in taking up to 10 minutes to ride a boat from BB to ratchet because the boat leaves the dock, approaches the dock, disappears, re approaches the dock, gets to ratchet, is again at BB dock, approaches BB dock, is docked at at ratchet, you walk off boat and dock disappears and you’re in the water 100 yards out to sea and have to swim to dock.