JayhawkWS6's forum posts

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JayhawkWS6

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#1 JayhawkWS6
Member since 2011 • 25 Posts
Personally I'd like to try Deus Ex. Customizing my character during the playthrough appeals to me more than KZ3. Although I here the graphics are impressive on KZ3.
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JayhawkWS6

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#2 JayhawkWS6
Member since 2011 • 25 Posts
Have you tried? UsernameAvailable Would be funny if that one was taken.
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JayhawkWS6

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#3 JayhawkWS6
Member since 2011 • 25 Posts
[QUOTE="colibriosis"]

Since "The Elder Scrolls V: Skyrim" is soon to be released, is there any reason at all for me to get the current latest installment in the series, cause I'm pretty sure I won't stop playing Skyrim when I get it and I don't want Oblivion to just lay there, collecting dust.

Warriorboy1990
It's never too late to play any game.

QFT
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JayhawkWS6

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#4 JayhawkWS6
Member since 2011 • 25 Posts
It's not just giving up your rights to a class action suit, but also the right to SUE them in court. It binds you to arbitration, which is a non-lawful process (my wording might be misleading there, an out of court process) whereby your case is determined by a mediator. Just an FYI, I could be that mediator, and I could decide that you have no case, no matter what information you provide. In that case your next recourse is the courts, which you can no longer use as you've waived your rights to sue in court. Welcome to binding arbitration.mylast_words
I mention that in my original post. Thank you for providing some detail into binding arbitration. My friend that drew up the template mentioned that this is very common practice in ToS agreements. Being offered an opportunity to opt out of this clause is something many us should consider.
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JayhawkWS6

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#5 JayhawkWS6
Member since 2011 • 25 Posts
You could say that I'm a collector. I still have all my Nintendo, Super Nintendo, Sega Genesis, Gameboy, Nintendo 64, Playstation, Playstation 2, Xbox, Xbox 360, and Playstation 3 games that I've ever owned. I also still have all of those systems in my possession as well. EDIT: I also have an Atari 2600 plus games as well as Pong. I believe the Atari broke many years ago, but everything else still works to this day.
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JayhawkWS6

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#6 JayhawkWS6
Member since 2011 • 25 Posts
I love how everyone are making this a universal "OMG you no longer have consumer rights!!". Yes you do, just because you can't join or create a class action suit doesn't mean your helpless, you still have warranty, servicing and not to mention consumer help, and when last was an update released that caused a class action suit, if an update bricking your PS3 is the best you can come up with as fuel against this new term from Sony then god help us all.JohnF111
Thank you for bringing your opinion to the table. I believe you are exaggerating and putting words in my, as well others', mouth. I expressly stated that this new ToS is stripping us of A, singular, right. I'm in no way trying to create a panic but merely informing gamers of what they are agreeing to. I've already spoken with several of my friends that are attorneys on the subject. They, for the most part, agree that this would not hold up in court. The attorney that is also a member of PSN stated that he would be sending in the written statement because Sony did offer the option to opt out (he created the template I posted). I've provided several examples of how this class action waiver could affect us. I don't think that necessitates a "god help us all" comment. If history is any indicator, once an entity begins down this road, it doesn't get better for the consumer, client, citizen. It is a trend that continues to impact people in a negative manner. I've spent a lot of time trying to get the word out on this matter, and I am very happy to see many receive it well. Cheers
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JayhawkWS6

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#7 JayhawkWS6
Member since 2011 • 25 Posts

And at the end of the day, what? Its the customers that decide how their info is used, you GAVE Sony permission to use any information you intentionally provided for them. What, you think any online service is without risks? Theres hackers everywhere, your SSN can be accessed by almost any government agency, they can erase you from existence if they wanted to. Major banks are constantly getting cyberattacked, almost on a weekly basis. And taking this into account, ultimately its up to the individual what they provide for services online.

This is why I limit what I put on the internet and throughly research a company or website before giving them information about me. Sony doesn't have my CC info or SSN (that I gave them intentionally, for all I know they probably do have it).

I have no reason to sue Sony, considering their service is free and I can play games online, for free. Until this changes, I have no problem with this.

KamuiFei
After the hacking incident back in April, Sony has spent a lot of time telling us that our information is safe with them. They've beefed up cyber security. That's all great. But they do still have sensitive information for many people that would be at risk from another cyber attack. Another hypothetical; a new PS3 update comes out that bricks a lot of PS3's. You can no longer be party to a class action suit filed for those that were affected. These are all highly unlikely situations. I just want people to be informed that Sony has provided a means to opt out of their class action waiver. I in no way condone frivolous lawsuits or suing Sony under petty circumstances, and hope that I am never part of any lawsuit as defendant or plaintiff. Do what you will with the information. I'll take few minutes to send the letter to Sony opting out.
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JayhawkWS6

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#8 JayhawkWS6
Member since 2011 • 25 Posts
Yes, you agree just like before. But in doing so you waive your right to a class action suit. You have 30 days from when you agree to the new ToS to provide Sony with a written statement saying you wish to opt out of the class action waiver. If you do not provide this you will not be able to participate in a class action suit should you be victim to any wrong doing of Sony's accord. You could however file suit on your own which would be expensive and time consuming. I'm opting out because I do not want to lose my right to participate in a class action lawsuit, and because they provide an option to do so.
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JayhawkWS6

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#9 JayhawkWS6
Member since 2011 • 25 Posts
Sorry to respond once again to my own post. My friend has now published his template to google docs. Here is the link. https://docs.google.com/document/pub?id=1ng9ZLy5yW_0pK1Q7DN8YlA1Nvv9CBYL4L0ah1U7q6_s Also I failed to mention that you have 30 days from when you agree to the new ToS to opt out of the binding arbitration and class action waiver. So you will still be able to enjoy your PSN experience. I apologize for any confusion.
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JayhawkWS6

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#10 JayhawkWS6
Member since 2011 • 25 Posts
Here is a much more formal template that an attorney friend of mine just typed up. September 15, 2011 SONY NETWORK ENTERTAINMENT INTERNATIONAL LLC ATTN: Legal Department/Arbitration 6080 Center Dr., 10th Floor Los Angeles, CA 90045 RE: Playstation Network Terms of Service and User Agreement Version 12 Opt-out To Whom It May Concern: Please be advised that I wish to opt out of the binding arbitration and class action waiver, pursuant to Paragraph 15 of the September 15, 2011 Terms of Service and User Agreement (Version 12) (hereinafter "TOS"). I do not wish to resolve disputes through arbitration that I may have against any Sony Entity, including, but not limited to Sony Network Entertainment International, LLC and any officers, directors, employees, and agents of any Sony Entity. Further, I do not wish to waive my right to participate in any class action lawsuits against any Sony Entity, including, but not limited to Sony Network Entertainment International, LLC and any officers, directors, employees, and agents of any Sony Entity. Please consider this official notice that I am opting out of the arbitration and waiver clauses of the TOS, pursuant to Paragraph 15 same. 1) Name: 2) Address: 3) Playstation Network Account Number: Email associated with PSN Account: PSN ID: PS3 Console Serial Number: I have been informed that a Playstatoin Network support representative known as "Bobby" with badge number 658771 has stated I need to provide my email address, PSN ID, and PS3 console serial and model numbers to identify my "PSN Account Number" listed as number three under the opt-out provision of Paragraph 15 of the TOS. I have provided such information is above. The information provided above is sufficient to identify who I am and my Playstation Network identity and account. Sincerely, ________________________
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