2K Games, Inc.

I didn't mention this in my claim but there was no proper reason they banned me plus I looked at the terms of services towards banning and I did none of the above Sent from my iPhone

Complaint: ***I am rejecting this response because:
Once again I state I do not accept the response from 2K because the problems are not resolved yet.First off, the game still can not be logged into; every time I try to force it by clicking on Play, I get the error you will see ** *** . A video regarding this matter can be found at *** . These are old uploads, but the situation remains the same.As far as the IP ban on the forums go, I noticed after the last response had been forwarded to 2K, that I had access back to the 2K forums. That didn't last, as when I logged into my account to try & delete/correct some existing posts & would attempt to post a new post I had prewritten before logging in (if I was still able to after cleanup of the existing posts), only to find I was cut off once again before I was able to save changes to the first edit. As I stated in the ticket before, I would be recording a video to prove this should it happen again, if I ever got back access to the forums; this video can be found at *** . It is expected the respondent to this complaint is checking for IP bans through forum administration; the problem is with what happens when I get cut off would indicate an IP ban via server firewall, not a forum ban, so the server engineers are the people that need to be spoken to, not the forum administrators. This video is currently unlisted; most views to the video were my own doing while I was adjusting annotations after publishing the video, I have sent the link to a few friends however.One problem with the video itself, I later found out that it appears forums.2k.com is blocking trace routes (even if from an unbanned IP address), so this portion of the video can be ignored for the time being. This was determined after finding I could access the forums through my phone through my own Xfinity wifi hotspot (after the Xfinity Technician cleared up some confusion when I asked him some questions about it), finding it had a different IP address; I did not log into the forums through the phone as I already knew what would happen, but downloaded a couple tools from the Google Play store to run a ping & tracert to forums.2k.com, noticing I was still timing out in trace routes regardless of being able to access the forums (the IP for this subdomain was not in the test, so it's expected trace routes have been blocked by the server engineers).Even after receiving the response yesterday, stating that this issue should be resolved, there were more posts in the Steam Evolve forums ranting about not being able to connect & being given details by 2K Support believing that deleting certain configuration files & restarting the game would fix it, where so far I have yet to see a response where that has been confirmed as a working fix.This issue is still not resolved, I don't intend on dropping the issue until it is. Getting unbanned from the forums don't count if I just get rebanned as soon as I log in or attempt to make an edit/post. You have option regarding the game; fix the servers so people can connect or give me back the money I have wasted on it thus far
Sincerely,*** ***

Initial Business Response /* (1000, 5, 2015/11/05) */
We believe that this issue is currently resolvedWe reached out to the customer and worked with them to figure out the issue and investigate this within a short amount of time and come to a resolution that is amicable with both
parties
Initial Consumer Rebuttal /* (3000, 11, 2015/12/22) */
Will not respond to my complaints regarding their product
They sold an unplayable productold product does not work according to advertisementCustomer service will not respond
Refund or response from customer service
Final Business Response /* (4000, 13, 2016/01/04) */
We believe that this issue is currently resolvedWe reached out to the customer and worked with them to process the reimbursement of missing VC

We are aware of the process the customer used to exploit the game, and it is very easily identifiableThis customer was reliably identified as using the process and, therefore, he has been banned
Once again, this ban is not up for appeal As stated in the EULA, we reserve the right to terminate or suspend User Accounts at our sole discretionFor any further questions, the customer will need to review the EULA at ***, as this will be our final response in regards to this matter
Thank you

As we clearly explained to the customer in their ticket *** they have been suspended for days for making fraudulent claims in an attempt to receive digital merchandise.This suspension is not up for appeal
As per our code of conduct: you will not use the Online Services to create, upload,
or post any material that is knowingly (You can find more information at: https://www.take2games.com/eula/)
It also reads *The Company may terminate or suspend any and all Online Services and any registered account immediately, without prior notice or liability, for any reason, including if you breach any terms and conditions of thisAgreement*

We will not reveal internal information publicly. We reserve the right to suspend your account at our discretionOnce again, this suspension is valid and not up for appeal

As we clearly explained to the customer in their ticket, we do not store their save informationIt is the customers responsibility to do so.We will be happy to continue troubleshooting with the customer in their ticket. Thank you

As this issue is indicative of a configuration error with the customers account, and not an issue within the game, the customer will need to follow the troubleshooting steps to resolve the problem. Regards

We have received the consumer’s objection and are working to gather information relating to the complaint, we will revert to the ticket with a response as soon as we have successfully completed gathering this information

As there is very clear evidence of unapproved MT activity on both of the customers accounts, we will not be rescinding the bans.From our Eula (***)You acknowledge that Licensor may request that the applicable Application Store stop, suspend, terminate, discontinue, or reverse any
Unauthorized Transaction,regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of this Agreement, violations of any applicable law or regulation, or any intentional act designed to interfere or that otherwise has the effect of or may have the effect of intervening in any way with the operation of the SoftwareIf we believe or have any reason to suspect that you have engaged in an Unauthorized Transaction, you further agree that Licensor may, in its sole discretion, restrict your access to your available VC and VG in your User Account or terminate or suspend your User Account and your rights to any VC, VG, and other items associated with your User Account. Regards,

Complaint: ***I am rejecting this response because:
I bought the Digital Deluxe Bundle from Xbox.comXbox.com does not honor refund requests on digital purchases
I have been told before that my case "would be escalated", only to be told - after waiting patiently - that the development team "had no plans to offer a fix"
Now, if I can't get a fix and I can't get my money back, then what logical reason would I have to believe that this case is anywhere near resolved?
Sincerely,*** ***

We are attempting to resolve the customers issue; However, the customer is refusing to send the requested information
We will be happy to continue working toward a resolution if the customer will cooperate with the troubleshooting and information request
Thank you

Revdex.com:I have reviewed the response made by the business in reference to complaint ID ***I find that this resolution is satisfactory to me, although 2K games did not notify me of the reimbursement until Sept 29.Sincerely, *** ***

We do not have a ticket in our system associated with the provided email
Please submit a ticket detailing the issues you are experiencing at support.2k.com, and we will be happy to review all available options
Best regards

Customers issue has been resolved

The fact that the codes can be redeemed by anyone, regardless of time played or money spent, makes the code giveaways as fair as they can possibly be
We do not pick and choose who receives the card, so there is no favoritism or preferential treatment to one person or group at the expense of another
While I do understand your disappointment at not receiving the Pink Diamond Card, you will have many opportunities in the future
Thank you

Concerning Case No*** (*** ***), you requested that we send the language of the Terms of Service (“TOS”) which addresses the issues raised by Mr***. Specifically, the TOS section entitled Virtual Currency and Virtual Goods contains the following language, “The Online Services, including software, may offer the ability to purchase and/or earn via gameplay a limited license to use virtual currency and/or virtual goods exclusively within applicable software and services provided by the CompanySuch license is subject to and specifically conditioned upon your acceptance of, and compliance with, the EULA, this Agreement and any other applicable policies or agreementsAll in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game’s rules applicable to currency and goods, which may vary.” Therefore, in order to access the NBA 2Kgame Mr*** has consented to the limited license contained in the TOS and the terms contained in the End User License Agreement (“EULA”).
The full text of the TOS are available at the following link: http://take2games.com/legal/
The EULA controls Mr***’s interactions with 2K. There are several sections of the EULA which address use of Virtual Currency (“VC”) or Virtual Goods (“VG”) in the game. Specifically see the following (emphasis added):
In the section entitled VIRTUAL CURRENCY & VIRTUAL GOODS, there is the following language “The Software may enable users to (i) use fictional virtual currency as a medium of exchange exclusively within the Software ("Virtual Currency" or "VC") and (ii) gain access to (and certain limited rights to use) virtual goods within the Software ("Virtual Goods" or "VG")Regardless of the terminology used, VC and VG represent a limited license right governed by this AgreementSubject to the terms of and compliance with this Agreement, Licensor hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited right and license to use VC and VG obtained by you for your personal non-commercial gameplay exclusively within the SoftwareExcept as otherwise prohibited by applicable law, VC and VG obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to VC and VG is being transferred or assigned hereunderThis Agreement should not be construed as a sale of any rights in VC and VG
VC and VG do not have an equivalent value in real currency and do not act as a substitute for real currencyYou acknowledge and agree that Licensor may revise or take action that impacts the perceived value of or purchase price for any VC and/or VG at any time except as prohibited by applicable lawVC and VG do not incur fees for non-use; provided, however, that the license granted hereunder to VC and VG will terminate in accordance with the terms and conditions of this Agreement and the Software documentation, when Licensor ceases providing the Software, or this Agreement is otherwise terminatedLicensor, in its sole discretion, reserves the right to charge fees for the right to access or use VC or VG and/or may distribute VC or VG with or without charge.”
Additionally, in the section entitled EARNING & PURCHASING virtual currency and virtual goods, there is the following language “You may have the ability to purchase VC or to earn VC from Licensor for the completion of certain activities or accomplishments in the SoftwareFor example, Licensor may provide VC or VG upon the completion of an in-game activity, such as attaining a new level, completing a task, or creating user contentOnce obtained, VC and/or VG will be credited to your User AccountYou may purchase VC and VG only within the Software, or through a platform, participating third-party online store, application store, or other store authorized by Licensor (all referred to herein as "Software Store")Purchase and use of in-game items or currency through a Software Store are subject to the Software Store's governing documents, including but not limited to, the Terms of Service and User AgreementThis online service has been sublicensed to you by the Software Store.GF Licensor may offer discounts or promotions on the purchase of VC, and such discounts and promotions may be modified or discontinued by Licensor at any time without notice to youUpon completing an authorized purchase of VC from an Application Store, the amount of purchased VC will be credited to your User AccountThe Licensor shall establish a maximum amount you may spend to purchase VC per transaction and/or per day, which may vary depending on the associated SoftwareLicensor, in its sole discretion, may impose additional limits on the amount of VC you may purchase or use, how you may use VC, and the maximum balance of VC that may be credited to your User AccountYou are solely responsible for all VC purchases made through your User Account regardless of whether or not authorized by you.”
In the section entitled USING VIRTUAL CURRENCY AND VIRTUAL GOODS the language is as follows: “All purchased in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game's rules applicable to currency and goods, which may vary depending on the associated SoftwareVC and VG may only be used within the Software, and Licensor, in its sole discretion, may limit use of VC and/or VG to a single gameThe authorized uses and purposes of VC and VG may change at any timeYour available VC and/or VG as shown in your User Account will be reduced each time you use VC and/or VG within the SoftwareThe use of any VC and/or VG constitutes a demand against and withdrawal from your available VC and/or VG in your User AccountYou must have sufficient available VC and/or VG in your User Account in order to complete a transaction within the SoftwareVC and/or VG in your User Account may be reduced without notice upon the occurrence of certain events related to your use of the Software: For example, you may lose VC or VG upon the loss of a game or the death of your characterYou are responsible for all uses of VC and/or VG made through your User Account, regardless of whether or not authorized by youYou must notify Licensor immediately upon discovering the unauthorized use of any VC and/or VG made through your User Account by submitting a support request at www.take2games.com/support”
Moreover the section entitled NON-REDEEMABLE contains the following provisions: “VC and VG may only be redeemed for in-game goods and servicesYou may not sell, lease, license, or rent VC or VG, convert them into convertible VCVC and VG may only be redeemed for in-game goods or services and are not redeemable for any sum of money or monetary value or other goods from Licensor or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable lawVC and VG have no cash value, and neither Licensor nor any other person or entity has any obligation to exchange your VC or VG for anything of value, including, but not limited to, real currency.”
Likewise, the section entitled NO REFUND states: “All purchases of VC and VG are final and under no circumstances will such purchases be refundable, transferable, or exchangeableExcept as prohibited by applicable law, Licensor has the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such VC and/or VG as it sees fit in its sole discretion, and Licensor shall have no liability to you or anyone else for the exercise of such rights.”
Finally, the section of the EULA entitled NO TRANSFERS states as follows: “Any transferring, trading, selling, or exchanging of any VC or VG to anyone, other than in game play using the Software as expressly authorized by Licensor ("Unauthorized Transactions"), including, but not limited to, among other users of the Software, is not sanctioned by Licensor and is strictly forbiddenLicensor reserves the right, in its sole discretion, to terminate, suspend, or modify your User Account and your VC and VG and terminate this Agreement if you engage in, assist in, or request any Unauthorized TransactionsAll users who participate in such activities do so at their own risk and hereby agree to indemnify and hold harmless Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents from all damages, losses and expenses arising directly or indirectly from such actionsYou acknowledge that Licensor may request that the applicable Application Store stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of this Agreement, violations of any applicable law or regulation, or any intentional act designed to interfere or that otherwise has the effect of or may have the effect of intervening in any way with the operation of the SoftwareIf we believe or have any reason to suspect that you have engaged in an Unauthorized Transaction, you further agree that Licensor may, in its sole discretion, restrict your access to your available VC and VG in your User Account or terminate or suspend your User Account and your rights to any VC, VG, and other items associated with your User Account.”
The full text of the EULA is available at the following link: http://www.take2games.com/eula/

We have provided all of the steps available to restore any missing filesIf the files are backed up properly and the account is verified, there is no reason why the steps offered will not work.If needed, the customer can find our EULA [here](http://www.take2games.com/eula/)It will explain terms
and conditions in regards to VC restoration/refunds, as well as answer any questions they may have about data rights

Revdex.com:I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to meSincerely, *** ***

We have reached out to this customer to offer our assistance regarding the reported issue and encouraged them to respond to our correspondence with additional informationAdditionally, we have made arrangements in light of the recent frustrating customer support experience to help them out
regarding their situation