Key Points from the Original Wording
Specific Promise:
"Premium Plus: Free uploads of sounds, textures and animations" clearly indicates that all uploads of these types of content were to be free for Premium Plus members without any stated limitations on size.
Cost Clarity:
"Cost to upload textures, animations, and sounds (each) - extra savings for Premium Plus members. (Sound clips limited to 30 seconds each) : no cost" reinforces that there should be no cost associated with these uploads for Premium Plus members, again without any qualifications about size.
Legal and Consumer Protection Analysis
Expectation of Service:
The original terms created a clear expectation that all uploads of textures, sounds, and animations would be free for Premium Plus members. Introducing charges for larger textures alters this fundamental expectation.
Unilateral Modification and Fairness:
If Linden Lab’s terms of service include a clause allowing them to modify the terms, the fairness of such a modification can still be questioned, especially if the change is substantial and negatively affects the user without adequate compensation or adjustment.
Transparency and Notice:
Any modification to the terms of service, especially those that introduce new fees, must be communicated transparently and with sufficient notice. The lack of upfront mention about potential future costs for larger textures could be seen as a lack of transparency.
Potential Breach of Contract:
Charging for larger texture uploads could be interpreted as a breach of the initial agreement if the terms explicitly stated "no cost" for uploads without any size limitations. Users entered the Premium Plus membership with the understanding that all uploads would be free.
Steps to Address the Issue
Document Communication:
Collect any communications from Linden Lab about the change, including emails, announcements, or notifications within the platform. This documentation is crucial for understanding if and how the change was communicated.
Contact Linden Lab:
Reach out to Linden Lab’s customer support to express your concerns. Clearly state that the original terms promised free uploads and that you believe the introduction of new charges violates these terms. Request an explanation and see if they offer any resolution.
Seek Legal Advice:
If the response from Linden Lab is unsatisfactory, consider consulting with a lawyer who specializes in consumer protection or contract law. They can provide specific advice on whether you have grounds to challenge the change legally based on the original agreement.
Regulatory Authorities:
Depending on your jurisdiction, you might be able to file a complaint with consumer protection agencies or regulatory authorities that oversee fair trading practices.
Conclusion
Given the original wording, Linden Lab’s decision to charge for larger texture uploads appears to contradict the terms initially agreed upon by Premium Plus members. This change can be seen as a significant alteration of the promised benefits. If the change was not communicated transparently or with adequate notice, it could be challenged as a breach of contract. Taking the steps outlined above will help you address the issue appropriately and seek a resolution.