This would hold the same weight a TOS would hold in court if they did something horrible and tried to say "well we told you it could happen and you agreed". It wouldn't go very well for the company.
Yup. Under U.S. law at least some of these provisions have little sway because there are certain rights that are presumed to be guaranteed and thus cannot be "signed away". If you went to an amusement park and died in a roller coaster accident the park would not get off scot-free just because the ticket had a liability waiver on the back, lol.
That is, assuming Fallout 76 caused actual harm to consumers, like destroying their PC. Which, by all accounts, it is certainly not doing.
The one case I can think of where that actually happened, was a Gurren Lagann MMO being published by an AAA company (I genuinely don't remember which). I'm a huge TTGL fan, so at the time, I was disappointed about not being able to get into the beta, which was Japan-only. But as it turned out, that beta was coded bad. Like, so bad it legit fried people's hard drives. The publisher pulled the game, profusely apologized, and sent the testers new 500GB hard drives (which was a lot of storage at the time) free of charge. I dunno if they ended up getting taken to court by anybody, but they did everything they could to preempt any lawsuits. They knew they were liable for damages.
