Tallahassee, FL asked in Business Law, Contracts and Gaming for Florida

Q: Hello. I would like to know if a video games Early Access statement can be considered a contract?

Their Statement on the games store page(https://store.steampowered.com/app/461430/EmergeNYC/) read as such:

"You are solely purchasing the right to access the latest development build (and additional features based on your level)." (full statement viewable at the link. Too big to post here)

Do they have the right to revoke access to a part of the product that I had paid for, and are now charging users an additional fee to access this part. I feel like this EA statement is essentially a contract between the developers and the buyers.

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2 Lawyer Answers

Terrence H Thorgaard

  • Freeeport, FL
  • Licensed in Florida

A: It appears to be a contract, but there may be portions of the full statement which you didn't quote (I followed the link but I don't see the language you quoted) which excludes liability. If the game is in beta and you are only buying the current build, it would indeed seem to be a poor bargain on your part.

Andy Wayne Williamson

  • Santa Rosa Beach, FL
  • Licensed in Florida

A: I agree with Attorney Thitgaard’s response.

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