banned gamer tag and licence

firstly let me say that you do not advise this when a gamer downloads the maps prior to purchase or people wont buy these. In the case of my son he was banned with no reason from xbox and i was able to have the online subscription returned. as fpr licences for maps, what i have been told is double punishment, firstly banning and then loss of content that was legally paid for.

How would you feel If you purchased a car the lost your licence and the authority took your car as well,

who does xbox think they are, are court, judge and jury with having to explain their actions.

A purchase of a licence is a purchase and xbox cannot and should not breach the trust of purchase agreement.

 

I shall be contacting the authorities in Australia and seek compensation of the licence paid for or the ability to down load what I paid for.

 

My sons gamer tab was smiley town and you have my tag so i want the down content i paid for.

 

Further my no. is [Phone number removed please do not include personal info in your posts]  sydney Aus GMT +10 and would greatly like to speak with someone in authority with common sense.

 

Thank you

 

Question Info


Last updated July 4, 2018 Views 1 Applies to:

Hello Holisticbuddy,

First of all, I'm sorry to hear that your son was banned. Unfortunately, when an account gets banned, all Microsoft Points, Xbox LIVE time, as well as content licensed to the account are forfeited as part of the violation of the terms of use your son signed.

If you believe the suspension was unjust, feel free to appeal your case over at the link below. Hope this helps!

http://forums.xbox.com/xbox_forums/xbox_support/f/41.aspx

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a digital download is a license not a car this is upheld by the international laws on copyright not to mention your ratings body

you don't own the content

you cannot resell it

it remains the property of the developer

its more like your drivers license

you have permission as long as you follow the rules of the road  to use your car

if you break the contract between you and ms is like breaking the rules of the road

you lose your license and you may not use your car or in this case your license for the DLC

courts recognize copyright law and network rules

live life and play fair and you will never get baned

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Hello again,

I honestly thought we had reached some sort of conclusion to this matter in your other post about this matter but it would appear not.

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Firstly I would strongly advise against posting your phone number here on the forum as you may get all sorts phoning you, I very much doubt anyone from Microsoft will call you though but who knows.

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If you could take the time to ask in the suspensions forums, a link to that was included in your other post by me and is also posted in this thread above by UnrealCh13f you will get a more definative answer as to exactly why the account got banned.

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Along with what else has been said, when you sign up for Live you do agree to the terms of service which allows Microsoft to do this. When you purchase content you only purchase a license to use the content. You don't own the content itself.

 

http://www.xbox.com/en-US/Legal/LiveTOU

 

12. Intellectual Property.

We may automatically check your version of the software. We may also automatically download upgrades to the software to your Authorized Device to update, enhance, and further develop the Service.

Any software or content (e.g., text, images, video, graphics, music, sound, or games) (for purposes of this Section 12, we refer to all of these, as applicable, as "Software") we provide as part of the Service is licensed and not sold. We reserve all other rights not expressly granted in this contract. The Software license ends when your Service ends unless we notify you otherwise. You must then uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software.

 

14. Service Operation and Equipment.

We reserve complete and sole discretion with respect to the operation of the Service. We may, among other things: (i) restrict or limit access to the Service; (ii) retrieve information from the Authorized Device and any connected peripheral device used to log onto the Service as necessary to operate and protect the security of the Service, and to enforce this contract; and (iii) upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Service, any game or other content available or accessible through the Service, or any hardware or software associated with the Service or with an Authorized Device, from time to time without notice. We may do so by the automatic download of related software directly to your Authorized Device, including software that prevents you from accessing the Service, playing pirated games, or using unauthorized hardware peripheral devices

 

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When your son violated the XBL Terms of Service/Code of Conduct in such a manner that deserved a PERMANENT BAN from XBL he forfeited all of his associated content and his account. He agreed to it when he clicked the 'Agree' button upon account creation.

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Also the above link is a place where you can find out why he was banned, not a place where you can appeal any enforcement action. MS is a private corporation and take the necessary actions within their digital contracts as they are not a court of law and do not need to hear both sides of any story. The only evidence they need is the evidence they gather via their network/service.

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While you may have certain laws in your country in regards to consumer affairs please keep in mind that the digital contracts you and/or your son agreed to may trump those laws.

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Greetings, Holisticbuddy. It appears as though your questions was answered in this thread: forums.xbox.com/.../1566406.aspx. Thank you!

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