Asked in Consumer Law, Gaming and Internet Law for California

Q: If accepted Terms of Service say that the user's digital content might be revoked and the money withheld, is it illegal?

If an online company that sells bundles of digital keys for games would say, that they can revoke the digital keys at any time if they find out that the customer (buyer) has been selling the products further or if they just suspect him doing so, could they revoke the keys without refunding the money the customer has paid for them, or would they need to refund the money? For this they don't necessarily have anything but suspicion.

I think the product would technically be delivered but later revoked because of the misuse of service.

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: It depends on the agreement in the Terms of Service re: this particular issue. If reselling is a violation of the TOS and the remedy is agreed as you note, then there may not be a problem, but it seems some evidence of the violation is required here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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