Yes you do. I had a ToS with an anti competitive clause in it, no reselling, was told they needed to transfer all our customers, etc, or they and us could get fined for illegal reselling.
Phoned their regulator, was told to register as a reseller, and call back if we still had issues.
After the registration had been finalized we contacted our new wholesaler, all that came of it was being unable to add new accounts for a few months.
The next company we had the issue with you could basically hear the face palming on the phone why they had allowed a registered reseller to open an account that didn’t allow reselling, and whether they would allow us to continue reselling or whether we should do a conference call with <name of person> at <four letter agency>.
It was basically one of those pray I do not alter our agreement further moments.
Did you change the TOS or just get switched to a proper account type?
These aren't the same.
Few to no companies are going to even consider changing the TOS for a small purchase like a game, a book, music, and the like. You, as a consumer, do not have this power. I'd bet that any customer service rep you talk to (if that is an option) does not have the power nor access to the right documents to allow you to change it either. You can choose to buy or choose not to. That's it.
Ignore any provision of the TOS you dislike and lodge complaints with the various regulatory bodies and see what happens, you’ll get your $70 back or the game back or $70 and the game long before they enforce the TOS.
You have lots of options, start by throwing a brick through one of their windows, figuratively speaking. See what happens, most people aren’t dumb. They realize that games cost a lot less than windows.
They can not give you your money back and deal with regulators or they can make the problem go away.
A friend of mine got citizenship just by filing a FOIA against the govt that wouldn’t issue it, they were up against the deadline and would have had to deal with the EU, so they just issued him citizenship in exchange for withdrawing his request.
Phoned their regulator, was told to register as a reseller, and call back if we still had issues.
After the registration had been finalized we contacted our new wholesaler, all that came of it was being unable to add new accounts for a few months.
The next company we had the issue with you could basically hear the face palming on the phone why they had allowed a registered reseller to open an account that didn’t allow reselling, and whether they would allow us to continue reselling or whether we should do a conference call with <name of person> at <four letter agency>.
It was basically one of those pray I do not alter our agreement further moments.