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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39164
Experience:  Retired (mostly)
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I have been playing a virtual video game on facebook, that

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I have been playing a virtual video game on facebook, that I have informed the beta team of this virtual game of my problem with the game from the time I started purchasing credit. Since then I increase my purchase in $ amounts and the problem continued hardly ever won. Just continued to purchase. The program would disconnect me from their server, would not know if I was ready to win or not to continue to play the game, would go into another game within the same program or stay in the same game and then lose all credits to purchase more. This is all taking place within minutes. I have filed numerous disputes with facebook to refund my money due to these malfunctions and have even been in touch with the programmers of this virtual game. I have looked at there wall on facebook and other people are having the same issue, but for me they have defrauded me out of thousands of dollars. do I have a suit against facebook or the video game. To me this is fraud by deception, for disconnecting me from the game, blanking out my game, downloading something and causing loss and even freezing games, these are issue I deal with.

Ordinarily, the sort of defects in the product that you allege would give you a claim for misrepresentation or breach of warranty of merchantability.

The problem, however, may be that you state that you contacted the "beta" team. This suggests the possibility that the game is not considered reliable, which means that there would be no misrepresentation, since a beta product is customarily viewed as "buggy," and problems are to be expected.

That said, courts sometimes refuse to enforce disclaimers and liability waivers as unconscionable (aka, "shockingly unfair"). The only way you would know whether or not you could assert this claim against the vendor would be to sue. You could sue in small claims, pay the relatively low filing fee, and see what happens.

Please let me know if I can be of further assistance.
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