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Shadowstalker16: PLEASE JUST CONFIRM YOU WILL LAUNCH THE WITCHER 3 IN INDIA! PLEASE!

Thanks for being transparent and on the same page with your users! You guys are the only people to be so brutally honest and still try to be even better; thanks!
What do you mean by launching? You mean whether it will be available in India? Are you referring to the digital or boxed version? I know the digital version i.e. our version will be available in India :)
Post edited November 24, 2014 by JudasIscariot
Hi, everyone!

Thank you for all your feedback, both the positive and negative, and all the questions and suggestions you've provided in this thread!

As promised, we've gathered all of them and now we're working on a reply.

However, because of the amount of feedback and the number of suggestions we have to consider, this may take a few days :) We'll update this thread again as soon as we have the answers ready!
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Ciris: Hi, everyone!

Thank you for all your feedback, both the positive and negative, and all the questions and suggestions you've provided in this thread!

As promised, we've gathered all of them and now we're working on a reply.

However, because of the amount of feedback and the number of suggestions we have to consider, this may take a few days :) We'll update this thread again as soon as we have the answers ready!
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HypersomniacLive: Out of curiosity, did you ask for feedback outside this thread and the forum?
If it's only this thread, is it really that much feedback? I'm actually a bit disappointed that so few bothered/ cared to take the time to read the drafts and comment on them.
We asked on here - and I agree that 8 pages isn't that long a topic for these forums, but 70 questions and/or suggestions and/or doubts to look through, consult with each relevant department, decide on an option and reply in a coherent way, at the same making sure it's in line with the policies (or, if any, changes to be made) is a bit of work. :)
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First off, we’d like to give you all who participated in this discussion a HUGE THANK-YOU for your activity in this thread. We’ve gathered all your comments and gone through them one by one, and now we’re back with some answers!

Because of the sheer number of commenters here, we don’t want to link each person with a quote. Instead, we’ll format our reply so that it goes by topic to cover the major points as concisely as possible. :)

REFUND/EXCHANGE POLICY


Q: You asked if exchange can be only made on one-for-one basis, so if you buy a game worth $12 you can only exchange it only for one $12 game or for i.e. two $6 games.

A: If you want to exchange game(s) or movie(s), you either choose a replacement product that costs the same or less, or you get $5.99 or $9.99 coupons to use on any non-discounted titles, anytime (note that the codes cannot be used with discounts - only the base price applies). For example, when exchanging a $11.99 game, you would get two &5,99 coupons that can be used for 2 different games. In the future we plan to handle this via store credit.

Q: You asked what sorts of technical issues do or do we not count as "significant" as it comes to money-back guarantee.

A: We can't define all the rules here as everything depends on the games/bug/technical issue. We are doing everything to make sure our customer support is reasonable with the goal to solve your problem. At the end of the day we are all passionate gamers here and can understand what is good or bad for us.

Q: You asked what does it mean "withdraw from a purchase" and can you choice between exchanging items and withdrawing purchase.

A: In some European countries, users have a “right to withdraw”, or cancel their order, up to 14 days after purchase if the product has not been used (downloaded, streamed, activated, gifted etc). We extend this right to everyone worldwide, and increase it to 30 days.
And yes, you can always choose whether you want to use your right of withdrawal or exchange a game or movie. The same applies to pre-orders.

GIFT LIMIT

Q: Many of you asked about gift limitations and what we mean in this case by "might defer on a case by case basis”.
Our idea is to allow any customer to gift 5 copies of each game per day. The reason for it is that nowadays the key re-sellers business seriously harms developers and publishers. They buy games or movies as gifts and re-sell them for a profit.
There can be different solutions here, but as we are DRM-free platform we can't use them. That’s why we decided to slightly limit the number of gifted games per day. We do believe it won’t harm regular customers and will protect our partners. Still, if some of you want to organize a big giveaway of a certain game, you can always contact us.

PRIVACY

Q: You asked for more details about sharing info with partners/publishers.

A: The only data we share with third parties are non-personal and aggregated, for example for reporting purposes we have to share how many copies of a game were sold during a given period of time, how many purchases came from a given country, how many purchases came from Mac users, etc.
This is all aggregated non-personal data - the User Agreement doesn’t allow us to share e-mails or other personal data with our partners, so you’re safe!

Q: You asked what information is up for consent when sharing info with 3rd parties.

A: We are referring to things like cloud saves for example, which we might or might not introduce at some point. Some companies are asking to register to third party services in order to get access to your "saves" from other devices. In such a case, you'll have to create an account in this 3rd party service - and agree to their policies, which would be separate from ours.

STORE CREDIT

Q: You asked how exactly store credit works in terms of validity period and ways of refreshing it.

A: Once you get your Store Credit from us (yes, we are giving this amount from our own pocket) you have 365 days to use it. That’s because we have to keep a reserve for these funds on our books and bank accounts.
How do you keep store credit alive? Simply by buying a game that grants new store credit. Then, the 365-day validity period immediately restarts.

Q: You asked if you can convert store credit from one currency to another.

A: Unfortunately converting store credit from one currency to another isn’t possible - we’d have to start GOG Bank Services to do that ;) If you want to use your store credit in USD, you will have to pay in USD for given purchase... HOWEVER! You can have 2 store credits, one for USD and one for your local currency, but you can’t make transfers between them.

OTHER ISSUES

Q: You asked about our liability - that we do not take full responsibility for how things work.

A: Due to the nature of the PC platform, we can’t guarantee that every game will work on every single computer, hence the wording of (UA 14.2) - but you’re covered with the 30-Day Money Back Guarantee if something goes wrong. :)

Q: You asked about UA 2.2 where we say that “When you buy or install GOG games and you might have to agree to additional contract terms with the developer/publisher of the game” is not some kind of DRM intrusion.

A: It just means you’d have to agree to a separate agreement with the developer or publisher - nothing to do with DRM.

Q: You asked about age restrictions.

A: If you’re over 13, you own the account, but until you’re 18 you need your parent’s/guardian’s consent to have it. If you’re below 13, you can’t have an account on GOG… But your parents are welcome to sign up!

Q: You asked about merges and how likely is it that GOG will be sold to another company in the near future.

A: We have no plans of selling GOG to anybody! However, different situations can happen (like a merger with our mother company, CD Projekt, into one legal entity). If that were to happen, we would, of course, give you all due notice.

Q: You asked about using VPN when travelling.

A: If you travel, you should pay the price featured in the country where you are - we have to identify where a purchase is made for tax purposes (paying the right amount of VAT to the right people). The identification also applies to the actual game prices in case of the games with regional pricing.

Q: You asked if "for your personal enjoyment" mean you can't make a review video with clips from GOG games and monetise it on YouTube?

A: Basically from what we understand you want to monetise derivative work, which requires approval from the developer/publisher. Still if you want to make a "let's play" thing - you are more than fine to do it as you are not monetising the GOG content.

Q: We stated that you are you are responsible for making sure you have sufficient Internet access to download purchased titles. Does this mean that we won’t support people that may not be able to access our servers due to blacklists by providing access to FTP servers?

A: We can't know the restrictions/limitations of Internet usage in each country of the world (yes, we are available world-wide!). Thus, we need customers from these countries to check what is possible/impossible to do in their area themselves.
As an example, we do have some registered players from China and so far they haven’t had issues accessing and using GOG.com, but as mentioned before this might change if local restrictions change.

Q: You asked about removing content.

A: There are actually two questions here: Would we remove GOG services, and would we remove GOG content.
Regarding GOG services - yes, we might add some features and remove others (for example, if they are not working properly or you guys don’t like them).
Regarding GOG content - we do all we can not to have that happen, but sometimes part of our content has to be removed due to license expiries (on music for example) on the developers’ or publishers’ end - therefore, we don’t know too far ahead of time until an element of content needs to be taken down, just like you.
Still, we'll be always trying to inform you in advance if we would have to remove something. And remember: thanks to all GOG content being DRM-free, you can always back things up on your HDD to avoid problems with availability!

Q: You asked about user-generated content and our ”limited” rights to it.

A: We need to have enough rights to your profile to show other people your profile name and avatar on the forums. We’re not asking for ownership rights.

Q: You asked about some details in regards to Public Profiles - like what games will be shared or which details would be visible.

A: As much as we'd like to answer on these questions right now, we can't as we don't know how the final implementation will look like. Just rest assured that we are taking your comments in consideration. And to clarify - the GOG Galaxy client will be fully optional.

Q: You asked if final version of documents will be worded in as little legal language as well and how does that influence how binding the terms are .

A: Yes, the final versions will be worded exactly the same way they are now - our legal counsel says they’re binding, and we say they’re much easier to read this way ;)

Uff.. That’s a pretty long post. If you have any more questions, feel free to add them to this thread by the end of this week and we’ll do our best to get them answered. We are also attaching an amended version of the User Agreement and Privacy Policy where we already made some changes based on your comments - they are marked in green for your convenience.

Cheers,
The GOG.com Team

Here are the updated files:
GOG_Privacy_Policy_EN_updated
GOG_User_Agreement_EN_updated
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GOG.com: Q: You asked about age restrictions.

A: If you’re over 13, you own the account, but until you’re 18 you need your parent’s/guardian’s consent to have it. If you’re below 13, you can’t have an account on GOG… But your parents are welcome to sign up!
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Goodaltgamer: You might want to correct this spelling mistake, me thinks ;)
Oh, no, it's fine - the way we meant it is:

Be over 13, under 18 = you own the account, but need your parent/guardian's consent
Be over 18 = you're the master of your own fate, make your own choices where you sign up online
Be under 13 = we'll welcome you once your 13th birthday comes along, for now let your parents have their fun with classic games
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Ciris: Oh, no, it's fine - the way we meant it is:

Be over 13, under 18 = you own the account, but need your parent/guardian's consent
Be over 18 = you're the master of your own fate, make your own choices where you sign up online
Be under 13 = we'll welcome you once your 13th birthday comes along, for now let your parents have their fun with classic games
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Goodaltgamer: Bit of a problem: (using Germany as example)

http://www.gesetze-im-internet.de/juschg/__1.html

sind Jugendliche Personen, die 14, aber noch nicht 18 Jahre alt sind, (so above 14, below 18)

And according to

http://www.gesetze-im-internet.de/juschg/__12.html

You would be responsible to check for every single game, which is being purchased!! According to the USK rules:

http://www.usk.de/

So USK 0 / USK / USK 12 / USK 16!!!! / USK 18

I don't think you have anything in place to make an automatic check.

Hence I am only pointing it out.

In the worst case, you could be hold responsible according to this law!

Nice example as well Australia ;) it is even worse.......

The forum isn't a problem, just once the parents/guardian's ok is enough, but for purchases nope...

As gog is such a nice place, I don't want to see you getting in trouble!
Noted!

As we said above, there'll be another all-encompassing post after this week's done addressing any further questions. We'll look into this and get back to you!
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HypersomniacLive: ........ I'm actually a bit disappointed that so few bothered/ cared to take the time to read the drafts and comment on them.
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Ebany: I only just discovered the post and, while knowing I'm too late for GoG to read my notes, have taken the time to read the PDF's to provide feedback.
It's actually not too late yet, we're gathering a second round of feedback until tomorrow :) so you can expect another set of answers from us (and possible changes to the planned policies that we'd announce should changes be made) sometime next week again ;)
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Ciris: It's actually not too late yet, we're gathering a second round of feedback until tomorrow :) so you can expect another set of answers from us (and possible changes to the planned policies that we'd announce should changes be made) sometime next week again ;)
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HypersomniacLive: Could the deadline be extended to include the weekend? I sure could use a bit more time, given how busy these days are.
I'll do my best to get extra questions to the right people first thing on Monday ;)
Once again, we’re back with some more replies to your comments - and once again we’d like to start off with a thank-you to all who participated, especially those who stuck around for round two and re-read the documents :)

AGE RESTRICTIONS: They differ in each country but are the same in the rules, are they legal?

Most times, when laws on a certain issue differ from country to country, national law overrides what a company said on the Internet (see: access regulations in China, for instance, that may limit user access at some point). Just to be sure, we’ve had lawyers from various countries look through our regulations - they made the calls that all’s well, including age limits.

THE GIFT LIMIT: “Up to a limit of 5 per day”: does this include giving, or also receiving gifts?

Like we said, our idea is to allow anyone to gift 5 copies of each game per day as a measure to stop resellers and other such evil-doers from buying a lot out to sell at a higher price. Fortunately for forum contest winners, that makes receiving gifts unlimited!

CONTENT REMOVAL:

--> Will we inform users before removing some content elements from games/movies?

We do our best to be transparent and always leave enough time for everyone to backup things on their HDD that might otherwise be lost and do our best to NOT have to remove content from shelves (see: Fallout); however, in some cases we might not have the luxury of being informed well in advance, and we may need to react quickly.

Still, this are extremely rare cases - but should they occur, we promise to fight hard to keep things on shelves (even if not in the store) or give you enough time to back everything up.

--> Do the removal rules extend only to content sold from the moment of agreement onwards or to all content?

Because we can’t know when we might get a copyright claim from someone and how true it may be, this covers all games, movies, goodies, and any future additions from the store. However, as explained above, we do our best to inform and allow users to purchase/download the games that are going to be gone before they're no longer in the store.

MODS: Are they not allowed?

Using official mod tools is of course okay, but reverse-engineering a game is not permitted legally unless you have the developer's or publisher's consent to do it. It may however vary on a case-by-case basis so please contact devs/publishers directly in case of doubts!

STORE CREDIT: When/if we add a store wallet or “in-game” currency, will it still expire after 1 year, or will it be separate from the Fair Price Package credit?

The store wallet (#6) is still something that’s in the works and not even being alpha-tested yet and we can’t present our final call on it as many things are out of our control (many issues surrounding such wallets are regulated by banks, officials, and laws). At the moment we’re not planning on adding an in-game or on-site currency as such. :)

---

Again, a huuuuuuge thank-you to everyone who participated! We did our best to address all questions and concerns, and now we’ll work on formatting the agreement and such.

As for these legal texts going live, our plan is to post the User Agreement & Privacy Policy on the site early next year. We’ll notify you by e-mail once we do.

Once they’re up, you’ll have 30 days to decide whether you’re okay with the changes or not, and after that time the new User Agreement and Privacy Policy will be in action as the default (with no further notices about it).
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Just wanted to update you all that we're reading this thread here in the office, and all your comments are being taken into account - we're consulting with our lawyers on rewriting point 9.1 :)

I'll let you know what changes are being proposed once I get some more concrete info on it - just didn't want to leave you thinking we're not listening anymore.
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Ciris: Just wanted to update you all that we're reading this thread here in the office, and all your comments are being taken into account - we're consulting with our lawyers on rewriting point 9.1 :)

I'll let you know what changes are being proposed once I get some more concrete info on it - just didn't want to leave you thinking we're not listening anymore.
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Lonyo: Regarding Point 12:
More of a suggestion than specifically TOS related, but would it be possible for GoG to ask publishers/developers whether they are willing to have fan-created content uploaded/shared (e.g. Let's Plays) and have something on the game page (e.g. an icon) stating that the developer/publisher was happy for their game to be shared in that manner?

Obviously you would need to write some kind of agreement/additional ToS to cover when/how it could be used without fear of reprisal, and it wouldn't be exhaustive, but it would add some value to inform users where publishers were happy to have things used.
E.g. if the developer is happy for Let's Play videos, you could have a "Let's Play" icon on the page to signify as such, although it all might start to get a little complicated to cover the variety of use cases.
The thing is, there's a LOT of YouTubers and Twitch (and other service) streamers/video producers who would love to have their channel featured on a site that isn't their own. I'm not sure, but I doubt we have the man power to look through such video submissions (on top of game submissions from indie devs, trying to release games, get as much extra content for them from the devs or original publishers, work on the website, make sure information gets out when it should, etc), and if we posted all of them we could encounter a LOT of spammy ones that aren't all that good :/

Another reason I'm not sure how feasible it is: imagine if the videos needed to be approved by devs first: THEY probably wouldn't have that sort of time!

It's a good thought, but I'm afraid not very doable :/

As for that update: I'm still waiting on a final draft from our end, various tweaks are still being debated internally and legally consulted :)
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Lukaszmik: (...) I wanted to believe that, as a gamer, I will have a place to get games that will let me do this with minimal hassle (no DRM). But I also assumed you would have similar stance to other things, such as respect for personal privacy. (...)
I can't speak from a technical standpoint on this, but I want to explain why we use things that tell us how the general public (unidentifiable customers) behave on the site.

Imagine you have a website and you're trying to convince someone to sell their product on it, under conditions they did not previously accept, or were hesitant to. Do you go to them telling them that it's great, or do you show them numbers? That x% of people that visit your site through a link to a product look at another product, or that they spend Y minutes browsing it on average?

Also, when you're hired by the company to do a certain job, you report on it. Say your job is "increase sales by linking to the site correctly". If you track links with Google Analytics, you can get aggregated data on how many clicked the link. If you can combine that with a number of people that saw the link (i.e. newsletters opened), you have a percentage of people that you brought in - meaning you did your job, and it's quantifiable how well it went.

We need these (general and aggregated) numbers 1) to convince developers that it's worth it to work with us (therefore bringing more games), and 2) to quantify how well we do what we do in the aspect of providing you content and games you're interested in.

There's probably other reasons for other departments as well (such as: "is that tab really necessary?" for the developers or something), but getting some data about user behaviour is a big thing that helps us get other big things done. :)
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Wolf3: Wow, that "English" translation on the right is awesome! As always I'm blown away by how awesome GOG is, and I am SOOOOO thankful someone is doing this. The rest of the industry has gone nutso pretty much, and I still feel like GOG is single handedly trying to save it.myriad
Thanks for the positive words! I personally think the changes are for the better and clearer as well :)

I haven't yet had time to catch up with the goings-on in this thread since the last time I stopped by, but I'll be following it closer now in case of questions :)
We’d like to let you know that we’re uploading the new User Agreement and Privacy Policy to the site.

You’ll be pleased to hear that point 9.1 was rewritten entirely to be more user-friendly (as per the many suggestions you’ve made) and that all other changes we made in the previously posted versions after your comments remain in the document.

You will have gotten (or will be getting anytime now) an email informing you about the change.

If anything is missing, contact us within 30 days - after then, it becomes legally binding and comes into force on the site.

Thank you for all your invaluable input on this matter, and we hope you continue enjoying DRM-free gaming!

[edit] This thread has been un-stickied so as to prevent confusion that more legal updates are planned soon.
Post edited February 05, 2015 by GOG.com
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rygold: Much as I like Gog I find the new user polices to be an absolute cop out. The plain english version is an unfortunate rather cynical marketing ploy. You either write the policy in plain english and make it legally binding or you don't. Having a plain english version which dosn't mean anything is just a dud pr stunt.
Just a bit disappointed with Gog. BTW I'm not at all concerned with the actual policies - just that you have a plain english version which has NO legal standing whatsover. I would challenge you to either remove the plain english or replace the legales document with it. Having both of them is a cop out. It's the principal of the matter that irks me somewhat.

Ryan
I'm not sure I understand what you're saying - you're mad at us that plain language isn't legally binding enough to use it, but that we used it to explain the legalese in more readable terms for those, that a) don't want to read through the whole document, b) aren't native English speakers and could have difficulty with legal terms?

The plain English version was never MEANT to have legal standing, as it's just a summary of what the other paragraphs say.

We intended for it to be a way to make things easier, not make PR stunts in legal documents. I'm sorry you feel that way about an attempt to simplify people's lives, and if you want to read the legally binding section, simply ignore the plain English one :)
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GOG.com: We’d like to let you know that we’re uploading the new User Agreement and Privacy Policy to the site.

You’ll be pleased to hear that point 9.1 was rewritten entirely to be more user-friendly (as per the many suggestions you’ve made) and that all other changes we made in the previously posted versions after your comments remain in the document.

You will have gotten (or will be getting anytime now) an email informing you about the change.

If anything is missing, contact us within 30 days - after then, it becomes legally binding and comes into force on the site.

Thank you for all your invaluable input on this matter, and we hope you continue enjoying DRM-free gaming!

[edit] This thread has been un-stickied so as to prevent confusion that more legal updates are planned soon.
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omega64: (c) Regarding GOG services (which includes GOG software), unless you have prior GOG permission please don’t modify, merge, distribute, translate, reverse engineer, decompile, disassemble, or create derivative works ofthem – unless you’re allowed in this Agreement or by the law in your country

Shame on you you forgot a space between of and them. :P
Oops...! Reported to the right person. Thank you! :D
Post edited February 05, 2015 by Ciris