Banned by Path of Building or Awakaned POE?

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They are prominently linking to "this site" on their official site. So I do believe that "nothing to do with this site" does not fairly represent the situation. And I also do believe that (at least in the EU) this official link on their official site would matter from a legal perspective.


I think its a problem have an "an ambiguous speech" about these things, more when everyone is clearly using it and all we know it.

However, taking into account the reasons for my ban, I highly doubt that it is for using this POE AWAKENED, according to what HanSoloDK says in the thread.

I have no answer for now because only some hours afters claim, and regardless of whether I regret the temporary or permanent "loss" of my account, I DON'T KNOW the real reasons of this ban.

Reason: "Breaching Terms of Use"

What kind of breach of terms of use? I just played few days to the game before Scourge season ends....really, no make sense
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Zrevnur wrote:

They are prominently linking to "this site" on their official site. So I do believe that "nothing to do with this site" does not fairly represent the situation. And I also do believe that (at least in the EU) this official link on their official site would matter from a legal perspective.


Sadly you would be wrong here.
A link on a company website CLEARLY LABELED as "community wiki" does not means that the company admits any legel responsibility for that site.
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Zrevnur wrote:
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HanSoloDK wrote:

GGG has nothing to do with this site

They are prominently linking to "this site" on their official site. So I do believe that "nothing to do with this site" does not fairly represent the situation. And I also do believe that (at least in the EU) this official link on their official site would matter from a legal perspective.


Regardless of what may make sense to you, GGG does not see it that way. In fact if GGG we're to actually endorse everything on that wiki, the game would break because it is extremely outdated. Furthermore, providing a link to a "Community Wiki" using no way implying 3rd party software mentioned in the wiki is permitted.

The ToS outlines what is and is not acceptable. It is intentionally vague because they don't want you using any of it. The only program I've ever heard of GGG publicly endorsing was Yolomouse years ago, and it has since been implemented into the game.
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Regardless of what may make sense to you, GGG does not see it that way. In fact if GGG we're to actually endorse everything on that wiki, the game would break because it is extremely outdated. Furthermore, providing a link to a "Community Wiki" using no way implying 3rd party software mentioned in the wiki is permitted.

The ToS outlines what is and is not acceptable. It is intentionally vague because they don't want you using any of it. The only program I've ever heard of GGG publicly endorsing was Yolomouse years ago, and it has since been implemented into the game.



This conversation begins to be somewhat absurd and hypocritical when we refer directly to "POE AWAKENED"

Everyone understands that according to the "official" TOS this is not acceptable, but even they do not pronounce themselves about this specific program having an ambiguous position.

I understand that they don't make any comments keeping up his sleeve any further action, but I don't understand why players defend their "official" position since you know that 90% of players are using it ( GGG knows it too )
Last edited by JusticeForMyPoeAccount#7652 on Feb 2, 2022, 3:57:45 PM
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HanSoloDK wrote:
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Zrevnur wrote:

They are prominently linking to "this site" on their official site. So I do believe that "nothing to do with this site" does not fairly represent the situation. And I also do believe that (at least in the EU) this official link on their official site would matter from a legal perspective.


Sadly you would be wrong here.
A link on a company website CLEARLY LABELED as "community wiki" does not means that the company admits any legel responsibility for that site.

Thats irrelevant Edit: for legal perspective I mean. You may want to look into EU consumer protection legislation. The basic assumption underlying it is that people dont read ToS. And ToS must not contain unexpected or unfair things. If an official link points to something saying its ok to use this or that program then a player reading this and believing this consequently trumps anything contradicting this in the ToS.

Note that I am not a legal expert and dont even know which exact laws apply here. But I can provide a link about the "no unfair or unexpected ToS" thing if you dont believe it.
No wonder it's lost, it's in the middle of the jungle!
Last edited by Zrevnur#2026 on Feb 3, 2022, 11:55:25 AM
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Aldonés wrote:
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Zrevnur wrote:
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HanSoloDK wrote:

GGG has nothing to do with this site

They are prominently linking to "this site" on their official site. So I do believe that "nothing to do with this site" does not fairly represent the situation. And I also do believe that (at least in the EU) this official link on their official site would matter from a legal perspective.


GGG does not see it that way.

I wasnt making statements about GGGs perspective. I was looking at this from a simple human ethical perspective ("the fairly represent" part) and from a legal perspective (the other part).

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Aldonés wrote:

The ToS outlines what is and is not acceptable. It is intentionally vague because they don't want you using any of it. The only program I've ever heard of GGG publicly endorsing was Yolomouse years ago, and it has since been implemented into the game.

I dont know what GGG considers acceptable or not and I dont want to guess. And about the legal side - see above post.
No wonder it's lost, it's in the middle of the jungle!
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Zrevnur wrote:
legal perspective.


The legal side is very simple. GGG owns 100% of the game and "your" account. They can do what they want, when they want, how they want. With their permission you are allowed to use an account, but you hold no rights to the account beyond their discretion. When you purchase MTX the transaction is them agreeing to let the purchasing account use their property, but you own nothing, and they can take it away whenever they want for any or no reason.

That is how every single online game like this functions.
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Aldonés wrote:
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Zrevnur wrote:
legal perspective.


The legal side is very simple. GGG owns 100% of the game and "your" account. They can do what they want, when they want, how they want. With their permission you are allowed to use an account, but you hold no rights to the account beyond their discretion. When you purchase MTX the transaction is them agreeing to let the purchasing account use their property, but you own nothing, and they can take it away whenever they want for any or no reason.

To disprove your overly broad and and thus obviously wrong claim: You may want to look at GDPR. There is also similar NZ legislation. GGG is not allowed to do what they want.

Also see for example: https://www.linklaters.com/en/insights/blogs/productliabilitylinks/2021/january/germany-introduces-new-eu-consumer-protection-rules
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The draft provides for comprehensive warranty rights for digital content and digital services. Irrespective of the type of contract, consumers will be granted warranty rights <snip>

Disclaimer again: I am no legal expert and dont know which exact legislation/s apply here. But from what I have seen in EU (and particularly in Germany) consumer rights are very strong and the legislation has a pro-consumer bias.

Also quote from the same link:
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Overall, the new regulations are far-reaching. The use of unlawful provisions in general terms and conditions and unfair competition are associated with significantly greater risks than before. Companies will have to fundamentally revise, among other things, their general terms and conditions, the way they provide information and their advertising and communication strategies.

In EU legislation there is strong anti-big-tech. And whatever legislation aims at big tech will also affect smaller companies.


Edit: more links:

Unfair contract terms EU base for national laws: https://www.europarl.europa.eu/RegData/bibliotheque/briefing/2013/130624/LDM_BRI(2013)130624_REV1_EN.pdf

"Digital Content and Sales or Service contracts under EU Law and Belgian/French Law" https://www.jipitec.eu/issues/jipitec-8-1-2017/4530
No wonder it's lost, it's in the middle of the jungle!
Last edited by Zrevnur#2026 on Feb 3, 2022, 1:16:43 PM
it is unlikely that either of the things you mentioned got you banned unless they specificity told you they did (not that they would do that anyway)

Both are widely used and past some sporadic bans with people claiming to have been banned because of them (all such claims are BS, just people grasping at straws or worse, purposely using awakened PoE as their scape goat because of something that happened years ago)

If you got banned because of these then the site would not have a smattering of posts, the pages would be full of them as "90%" of people would be hit in the same ban.

Ancestral Bond. It's a thing that does stuff. -Vipermagi

He who controls the pants controls the galaxy. - Rick & Morty S3E1
You post all these links. I'm not sure the extent of the relationship, but NZ is not a member country of the EU. Individual users are and will be protected/subjected accordingly, but I assure you that doesn't extend to an account ban when you received the account for free. Furthermore Tencent (China) holds a majority of GGG share.

In any case read the ToS if you want to actually know what you agreed to. GGG owns everything and can ban any account at their sole discretion. They may amend the ToS at their discretion. GGG owns this very forum post, and that is addressed in the ToS.

By using any GGG provided content you agree to the ToS, and if you ever stop agreeing to them you are forbidden from utilizing those services.

And while I'm at it the ToS dedicates an intire bullet to linked websites like the wiki.
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