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OTM violates their own TOS

Posted: Sat May 04, 2013 3:41 am
by Papi
It has been announced, the current release of beta will be the last version for the release.

Notwithstanding all of the attempts a few of us in beta have tried, One Thumb Mobile has chosen to violate the agreement they made with all of their customers and include inappropriate content.  
You represent, warrant and agree that you will not engage in conduct or communication (written, verbal, or nonverbal) which could infringe or lead to infringement of any copyright, trademark, publicity or privacy right, or any other intellectual property or personal right of any person or entity, is threatening, bullying, defamatory, abusive, obscene, sexually provocative or suggestive, pornographic, or.....
The app is advertised in the app store with a rating of 9+ and thus OTM has a responsibility to ensure content remains appropriate for that audience.  The last few patchs have pushed that with some of the more revealing outfits like the fairy and witch costumes.  But Update 4 will have additional armors that show a significant amount of female skin.  Also, when you touch the icon the very first screen you get shows an unavoidable cleavage shot.  Additional features like free plat offers where children can apply for credit apples, watch trailers and download other games are also questionable content for a 9 year old.

Do not let your children download and play this game until you have had a chance to review it and make your own decision if it is still appropriate for them to play.  Looking at the first splash page should be enough.  

I have personally contacted Apple and filed a complaint asking them to re-evaluate the game and change its rating to at least 13+.  Because of OTM's decision to change their target audience, if it goes live, you may now request from apple a full refund of all the money you have spent on this game because of false advertising.  

Additionally, because of the false advertising, OTM and Apple may be subject to class action law suits on behalf of the entire customer base.
It should be a very easy suite to win using their own TOS against them due to their support staff refusing to police all of the extremely sexual names people use for characters.

It is very unfortunate that Richard has chosen to risk his entire company by providing a young player base with sexual content.  There may even be laws broken depending on your states child protection laws.

Re: OTM violates their own TOS

Posted: Sat May 04, 2013 3:46 am
by Brianx
Mind blown..

Re: OTM violates their own TOS

Posted: Sat May 04, 2013 3:50 am
by RichardRichyRich
You're not trolling are you?

Re: OTM violates their own TOS

Posted: Sat May 04, 2013 3:53 am
by S8rr
Asking for your money back would ruin this fun and enjoyable game...

Re: OTM violates their own TOS

Posted: Sat May 04, 2013 3:53 am
by Tylerdawg1
Lol are you a soccer mom afraid her little baby will see some cleavage? That is the parents job to decide whether their kid plays the game or not. OTM should not have to babysit these kids and if they put 13+ do you really think thats going to stop kids from buying the game??? I think you have to much time on your hands to spend this much time worrying about something this stupid.

Re: OTM violates their own TOS

Posted: Sat May 04, 2013 3:56 am
by Legolas15
This is rediculous. If ur kids cant handle some shoulder ANIMATED skin then they shouldn't be playing an mmo which puts them in context with a bunh of strangers. Its in the nature of the type of game. Just because u are extremely strict about ur modesty for ur kids doesnt mean the whole game should become tellytubbies

Re: OTM violates their own TOS

Posted: Sat May 04, 2013 3:58 am
by frumentarii
Seriously? Lawsuits over skimpy outfits? Are you an American, because your post has a moronic American tone to it and yes, I can say that, because I am an American myself.

Why dont we start holding parents accountable for not regulating their 9 year olds activities instead of clogging up the court systems with frivolous lawsuits against game creators.

Sorry dude, hate to break it to you, but OTM is not responsible or liable if people are unable to keep their childrens activities in check.

I have a suggestion for you and anyone like minded, go away and stay away or at the very least Find something more important to worry about than what you are complaining about here.

Re: OTM violates their own TOS

Posted: Sat May 04, 2013 4:06 am
by BLRD-7
Honestly i don't see it as sexual content at all, and if it has been accepted by Apple then it can't be too bad.

I guess I'll have to disagree with Papi on this one. If you don't want your kids playing the game, don't let them play it. The splash screen is actually a nice touch IMO, but I really do not mind either way. I do think this post is a bit much though.

Re: OTM violates their own TOS

Posted: Sat May 04, 2013 4:13 am
by xvanguardx
And your gonna sue them?

Re: OTM violates their own TOS

Posted: Sat May 04, 2013 4:22 am
by Bitey
Yeesh.. Papi I really respect you and you are a super smart guy, but this is taking it a little over the top because you didn't get your way.