I actually read the GTC. Completely. Sigh. Nothing I can find in it addresses the specific problem....but when that occurs in any private contract it is either negotiated or falls under the general control of whichever part controls that specific thing. In this case Inno has the control of what's posted in the forum and thus, the right, to not post what it chooses to not post.
"1.1 The services and performances provided within the scope of these Games, including, but not limited to, the display of your profile page, the participation in forums, the display of user-generated content such as photographs, graphics or moving pictures, the provision of In-Game news systems ("Services") are exclusively carried out on the basis of these General Terms and Conditions ["GTC"]."
Thus, Inno provides a service of posting art. But....
2.1 As User, you conclude a contract with us for the free of charge use of Games via the browser or via Mobile Apps ("Licensing Agreement"). You are neither entitled to a Licensing Agreement nor to the use of the Services or the Premium Services. The Licensing Agreement can be terminated by us and by you at any time without giving reasons, and the Services can be discontinued at any time without giving reasons. [emphasis added]
This just means we can ask, but they don't have to explain since the service of displaying art granted in the first article remains in their complete control, and more importantly, can be withdrawn in whole or in part at at any time without giving reasons.
I've run into this before...the idea of the game producer having the right to withdraw, without notice, in whole or in part some aspect of the game and/or to kick somebody off without giving reasons. The courts (in the U.S. and Europe) generally side with the private contract idea that the GTC's usually have the rights they claim...in particular the right to withdraw in whole or in part any aspect of the game at any time, but...they can't do it on less than a universal basis. In other words, if a particular aspect of the game is suddenly removed from particular users those users must fit some criteria outside of not being liked for something outside the gamer. In other words, if they withdraw some aspect of the game, or the game itself, from a specific user or group of users they have to show why that user or group were treated differently than other users. In the only case I've ever seen won by the plaintiff it was shown the users in question were treated differently because another group of users threatened to boycott the game if the first set were not "dealt with." It was a purely economic response of the game producer and the courts didn't find it a reasonable basis for discrimination.
In the current case it's very doubtful Inno is discriminating against anyone in particular, and since they also don't have to give any reasons we are back to a bit of guessing. But I, for one, don't like guessing when having a post deleted is embarrassing to me. I'd rather know, in advance, the limits of my posting anything. So maybe Inno can do some explaining here? Just to save me and others the embarrasment?
AJ
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